Family Law Hub

Order 18.1 - Declaration as to Marital Status

Standard family order as approved by the President June 2018

  • Comment on Chapter 18 generally

    The orders dealt with here are all Declarations of Status (Marital Status, Parentage, Legitimacy or Legitimation and Adoption effected Overseas) and engage Family Law Act 1986, Part III, i.e. sections 55 to 59.

    The procedure is to be found in FPR 2010 8.18–8.22. Note, in particular, FPR 2010 8.20, which identifies who should be served with such an application.

    Where a court is satisfied that the truth of a proposition to be declared is proved to the satisfaction of the court, the court shall make a declaration unless to so ‘would manifestly be contrary to public policy’: FLA 1986, s 58.

    A declaration under this Part will be binding on all persons, including HM Government.

    Accordingly, if the court is concerned that the application is being brought for collusively fraudulent purposes then it may wish to refer the case to the Attorney-General in case he wishes to intervene and make any representations, for example in relation to public policy: FLA 1986, s 59.

    Guidance above reproduced from the Standard Family Orders Handbook (Vol 2) by HHJ Edward Hess, HHJ Martin Dancey and Edward Devereux QC (Class Legal)


Order, published: 23/08/2018

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Published: 23/08/2018

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