Private International Law (Miscellaneous Provisions) Act 1995
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Change 1
6 Application of section 5 to prior marriages.
(1) Section 5 above shall be deemed to apply, and always to have applied, to any marriage entered into before commencement which is not excluded by subsection (2) or (3) below. (2) That section does not apply to a marriage a party to which has (before commencement) entered into a later marriage which either— (a) is valid apart from this section but would be void if section 5 above applied to the earlier marriage; or (b) is valid by virtue of this section. (3) That section does not apply to a marriage which has been annulled before commencement, whether by a decree granted in England and Wales or by an annulment obtained elsewhere and recognised in England and Wales at commencement. (4) An annulment of a marriage resulting from legal proceedings begun before commencement shall be treated for the purposes of subsection (3) above as having taken effect before that time. (5) For the purposes of subsections (3) and (4) above a marriage which has been declared to be invalid by a court of competent jurisdiction in any proceedings concerning either the validity of the marriage or any right dependent on its validity shall be treated as having been annulled. (6) Nothing in section 5 above, in its application to marriages entered into before commencement— (a) gives or affects any entitlement to an interest— (i) under the will or codicil of, or on the intestacy of, a person who died before commencement; or (ii) under a settlement or other disposition of property made before that time (otherwise than by will or codicil); (b) gives or affects any entitlement to a benefit, allowance, pension or other payment— (i) payable before, or in respect of a period before, commencement; or (ii) payable in respect of the death of a person before that time; (c) affects tax in respect of a period or event before commencement; or (d) affects the succession to any dignity or title of honour. (7) In this section “commencement” means the commencement of this Part.
6 Application of section 5 to prior marriages.
(1) Section 5 above shall be deemed to apply, and always to have applied, to any marriage entered into before commencement which is not excluded by subsection (2) or (3) below. (2) That section does not apply to a marriage a party to which has (before commencement) entered into a later marriage which either— (a) is valid apart from this section but would be void if section 5 above applied to the earlier marriage; or (b) is valid by virtue of this section. (3) That section does not apply to a marriage which has been annulled before commencement, whether by a decree granted in England and Wales or by an annulment obtained elsewhere and recognised in England and Wales at commencement. (4) An annulment of a marriage resulting from legal proceedings begun before commencement shall be treated for the purposes of subsection (3) above as having taken effect before that time. (5) For the purposes of subsections (3) and (4) above a marriage which has been declared to be invalid by a court of competent jurisdiction in any proceedings concerning either the validity of the marriage or any right dependent on its validity shall be treated as having been annulled. (6) Nothing in section 5 above, in its application to marriages entered into before commencement— (a) gives or affects any entitlement to an interest— (i) under the will or codicil of, or on the intestacy of, a person who died before commencement; or (ii) under a settlement or other disposition of property made before that time (otherwise than by will or codicil); (b) gives or affects any entitlement to a benefit, allowance, pension or other payment— (i) payable before, or in respect of a period before, commencement; or (ii) payable in respect of the death of a person before that time; (c) affects tax in respect of a period or event before commencement; or (d) affects the succession to any dignity or title of honour. (7) In this section “commencement” means the commencement of this Part.
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