Legitimacy (Jersey)
Law 1963
Official
Consolidated Version
This is an official
version of consolidated legislation compiled and issued under the authority of
the Legislation (Jersey) Law 2021.
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Legitimacy (Jersey)
Law 1963
A LAW regarding the legitimation of
children by the subsequent marriage of their parents and to legitimate the
children of certain void marriages
Commencement [see endnotes]
1 Interpretation
In this Law, “disposition” means an assurance of any
interest in property by any instrument whether inter
vivos or by will.
2 Amendment
of law regarding legitimation of children by subsequent marriage of parents
(1) The fact that at the
time of the conception of an illegitimate child there was any lawful impediment
to the marriage of the father and the mother shall no longer be a bar to the
legitimation of the child on the marriage of the father and the mother.
(2) Subject to the
provisions of paragraph (3), this Article applies in relation to children
whether born before or after the commencement of this Law.
(3) This Article does not
affect any rights under the intestacy of a person who dies before the
commencement of this Law and does not affect the operation or construction of
any disposition coming into operation before the commencement of this Law.
3 Legitimacy
of children of certain void marriages
(1) Subject to the
provisions of this Article, the child of a void marriage, whether born before
or after the commencement of this Law, shall be treated as the legitimate child
of the parties to the marriage if at the time of the act of intercourse
resulting in the birth (or at the time of the marriage if later) both or either
of the parties reasonably believed that the marriage was valid.
(2) This Article applies,
and applies only, where the father of the child was domiciled in Jersey at the
time of the birth or, if he died before the birth, was so domiciled immediately
before his death.
(3) This Article does not
affect any rights under the intestacy of a person who dies before the
commencement of this Law, and does not affect the operation or construction of
any disposition coming into operation before the commencement of this Law.
(4) In this Article,
“void marriage” means a marriage, not being voidable only, in
respect of which the Matrimonial Causes Division of the Royal Court has or had
jurisdiction to grant a decree of nullity, or would have or would have had such
jurisdiction if the parties were domiciled in Jersey.
4 Citation
This Law may be cited as the Legitimacy (Jersey) Law 1963.