s.2Definitions and application
2
Section 2Part 0 —

Definitions and application

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In this Act —
"child of a marriage" includes any child under the age of sixteen years who is the child, adopted or otherwise, of either party to such marriage or who has been brought up in the matrimonial, or civil partnership, home of the parties to such marriage as a member of their family;
"civil partner" means a party to a civil partnership as defined in the Civil Partnership Act, 2020 [Law 35 of 2020];
"competent", with reference to any court, means competent in the place of its location to make any particular decree;
"Court" means the Grand Court;
"domicile" has the meaning ascribed to it, from time to time, in English law;
"foreign court" means a court of law having jurisdiction outside the Islands;
"legally effective proceedings" in relation to any divorce or legal separation obtained outside the Islands, means judicial or other proceedings in any country outside the Islands which render such divorce or legal separation effective under the law of that country and applies to polygamous as well as to monogamous marriages, or civil partnerships;
"marriage" means a marriage which at any given time is according to the law of the place of its celebration —
(a) monogamous; and
(b) indissoluble save by the death of one of the parties thereto, or by the decree of a competent court or other legally effective proceeding;
"ordinary residence" has the meaning ascribed to it from time to time in English law;
"petition" includes cross-petition and "petitioner" includes cross-petitioner;
"respondent" includes cross-respondent;
"rules" means such rules and orders of court in relation to matrimonial causes, or civil partnership causes, and matters generally as may be made or applied under this Act; and
"spouse" means the male or female party to a marriage.
The provisions of this Act, relating to legal separations and divorces obtained outside the Islands, applies to such legal separations and divorces obtained before 2nd December, 1985 as well as after and, in the case of a legal separation or divorce obtained before 2nd December, 1985 —
operate in relation to any time before 2nd December, 1985 as well as in relation to any subsequent time; but
do not affect any property rights to which any person became entitled or question of the validity of any legal separation or divorce granted in the Islands before 2nd December, 1985.

Defined Terms

child of a marriagecivil partnercompetentCourtdomicileforeign courtlegally effective proceedingsmarriageordinary residencepetitionrespondentrulesspouse

Cross References