Marriage Act 2015

PART 5

Recognition of Certain Foreign Relationships

Recognition of certain foreign marriages

12. (1) A marriage under the law of a place other than the State shall not be precluded from being recognised as a marriage by reason of the sex of the parties to the marriage.

(2) Where a marriage under the law of a place other than the State of two persons of the same sex is recognised as a marriage, it shall be so recognised from the later of—

(a) the date of the commencement of this section, or

(b) the date of the marriage.

(3) Subject to subsection (4), a marriage under the law of a place other than the State of two persons of the same sex shall not be precluded from being recognised by reason of the fact that it falls within a class of legal relationship in respect of which the Minister has made an order under section 5 of the Act of 2010.

(4) A marriage under the law of a place other than the State of two persons of the same sex, which falls within a class of legal relationship in respect of which the Minister has made an order under section 5 of the Act of 2010, shall not be recognised as a marriage where on or before the date of the commencement of this section—

(a) a decree of dissolution of the legal relationship concerned has been granted under section 110 of the Act of 2010, or

(b) under section 5(4) of the Act of 2010, a dissolution of the legal relationship that is deemed to be a dissolution under section 110 of that Act became effective.

(5) Where the marriage under the law of a place other than the State of two persons of the same sex is recognised and the two persons concerned live apart from one another, the period or periods during which they live apart from one another shall, for the purposes of the Judicial Separation and Family Law Reform Act 1989 , the Family Law (Divorce) Act 1996 , or any other enactment, be calculated from the date (notwithstanding that it occurs before the date, under subsection (2), that the marriage falls to be recognised) on which they begin to live apart.

(6) The Schedule to the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2010 ( S.I. No. 649 of 2010 ) is amended by—

(a) the deletion of the class of legal relationship specified in column (3) of the Schedule opposite reference numbers 1, 3, 4, 10, 11, 14, 15, 16, 20, 22, 23 and 27 specified in column (1) of that Schedule, and

(b) the deletion of the part, being marriage, of the class of legal relationship specified in column (3) of the Schedule opposite reference numbers 9, 13, 17, 21, 24 and 26 specified in column (1) of that Schedule.

(7) The Schedule to the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2011 ( S.I. No. 642 of 2011 ) is amended by the deletion of the class of legal relationship specified in column (3) of the Schedule opposite reference number 4 specified in column (1) of that Schedule.

(8) The Schedule to the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2012 ( S.I. No. 505 of 2012 ) is amended by the deletion of the class of legal relationship specified in column (3) of the Schedule opposite reference numbers 1 and 4 specified in column (1) of that Schedule.

(9) The Schedule to the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2013 ( S.I. No. 490 of 2013 ) is amended by the deletion of the class of legal relationship specified in column (3) of the Schedule opposite reference numbers 1, 2, 3, 5, 6, 8, 9, 10, 11, 12, 13 and 14 specified in column (1) of that Schedule.

(10) The Civil Partnership (Recognition of Registered Foreign Relationships) Order 2014 ( S.I. No. 212 of 2014 ) is revoked.