s.49Saving for certain same sex marriages
49
Section 49Part 17 — PROVISIONS RELATING TO CERTAIN MARRIAGES

Saving for certain same sex marriages

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Notwithstanding section 40, nothing in this Law prevents the recognition in the Islands of a marriage lawfully entered into and registered in an overseas jurisdiction under the relevant law of that jurisdiction before the commencement date by two persons of the same sex if —
both parties met all requirements necessary to ensure the formal validity of the marriage under the relevant law; and
at the time of the marriage each party was domiciled in the Islands or had capacity to enter into the marriage under the place of his or her domicile, provided that both parties were eighteen years of age or older at the time of the marriage.
In relation to a marriage falling within subsection (1), any reference in any enactment to marriage, the parties to marriage or the dissolution of marriage shall be read with the necessary modifications.
No action shall lie against any person for any act or omission before the commencement date relating to any failure to recognise a marriage falling within subsection (1).

Cross References