Act of Parliament | |
Long title | An Act to amend the Legitimacy Act, 1926, to legitimate the children of certain void marriages, and otherwise to amend the law relating to children born out of wedlock. |
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Citation | 7 & 8 Eliz. 2. c. 73 |
Dates | |
Royal assent | 29 July 1959 |
Other legislation | |
Repealed by | Family Law Reform Act 1987 |
Status: Repealed | |
Text of statute as originally enacted |
The Legitimacy Act 1959 (7 & 8 Eliz. 2. c. 73) was an Act of the Parliament of the United Kingdom. It was repealed by the Family Law Reform Act 1987. [1]
Prior to the passing of the Act, legitimacy was governed by the Legitimacy Act 1926. Under that act, the marriage of a child's parents after its birth did not legitimise it when one of the parents was married to a third person at the birth of the child. [2] Although the Royal Commission on Marriage and Divorce recommended keeping this on the statute books by a vote of twelve to seven, Section 1 repealed this and allowed a child to be legitimised when his parents married, regardless of their past status. This was retroactive; if a child's parents were married when the Act came into force, the child was legitimised. [3]
Section 2 legitimised the children born of void marriages, provided that both or either parents reasonably believed that the marriages were valid and entered into in good faith (such as a marriage below the age of consent, where both wife and husband believed they are above it). [4] [5] Section 2(3) of the Legitimacy Act 1959 provided also that section 2 applied only where the father of the child was domiciliated in England.
Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, more uxorio or marriage by habit and repute, is a marriage that results from the parties' agreement to consider themselves married, followed by cohabitation, rather than through a statutorily defined process. Not all jurisdictions permit common law marriage, but will typically respect the validity of such a marriage lawfully entered in another state or country.
The Royal Marriages Act 1772 was an Act of the Parliament of Great Britain which prescribed the conditions under which members of the British royal family could contract a valid marriage, in order to guard against marriages that could diminish the status of the royal house. The right of veto vested in the sovereign by this Act provoked severe adverse criticism at the time of its passage.
Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, illegitimacy, also known as bastardy, has been the status of a child born outside marriage, such a child being known as a bastard, a love child, a natural child, or illegitimate. In Scots law, the terms natural son and natural daughter carry the same implications.
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In law and conflict of laws, domicile is relevant to an individual's "personal law", which includes the law that governs a person's status and their property. It is independent of a person's nationality. Although a domicile may change from time to time, a person has only one domicile, or residence, at any point in their life, no matter what their circumstances. Domicile is distinct from habitual residence, where there is less focus on future intent.
David Harrington Angus Douglas, 12th Marquess of Queensberry is an Anglo-Scottish aristocrat and pottery designer. He is the elder son of Francis Douglas, 11th Marquess of Queensberry, and his only son by his second wife, artist Cathleen Sabine Mann. His maternal grandparents were an interior decorator, Dolly Mann and artist Harrington Mann. He succeeded his father in 1954.
In the law of England and Wales, a bastard is an illegitimate child, one whose parents were not married at the time of their birth. Until 1926, there was no possibility of post factum legitimisation of a bastard.
This article concerns the history of British nationality law.
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.
Marriage is available in England and Wales to both opposite-sex and same-sex couples and is legally recognised in the forms of both civil and religious marriage. Marriage laws have historically evolved separately from marriage laws in other jurisdictions in the United Kingdom. There is a distinction between religious marriages, conducted by an authorised religious celebrant, and civil marriages, conducted by a state registrar. The legal minimum age to enter into a marriage in England and Wales is 18 since 27 February 2023. Previously the minimum age of marriage was 16, with parental permission. This also applies to civil partnerships.
United States citizenship can be acquired by birthright in two situations: by virtue of the person's birth within United States territory or because at least one of their parents was a U.S. citizen at the time of the person's birth. Birthright citizenship contrasts with citizenship acquired in other ways, for example by naturalization.
A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate. In some jurisdictions a void marriage must still be terminated by annulment, or an annulment may be required to remove any legal impediment to a subsequent marriage. A marriage that is entered into in good faith, but that is later found to be void, may be recognized as a putative marriage and the spouses as putative spouses, with certain rights granted by statute or common law, notwithstanding that the marriage itself is void.
The Adoption Act 1958 was an Act of the Parliament of the United Kingdom that updated and consolidated the law relating to adoption. After receiving royal assent on 18 December 1958 it came into force on 1 April 1959, regulating requirements for adopters, requirements for adoption agencies and the procedure to be used when making or appealing a court decision on adoption. After the regulations on adoption procedure were sharply criticised, law in this area was reformed with the Adoption Act 1976, which repealed the 1958 Act.
The Legitimacy Act 1926 is an Act of the Parliament of the United Kingdom. The purpose of the Legitimacy Act 1926 was to amend the law relating to children born out of wedlock.
Nigerian nationality law is regulated by the Constitution of Nigeria, as amended, and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Nigeria. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Commonwealth countries often use the terms nationality and citizenship as synonyms, despite their legal distinction and the fact that they are regulated by different governmental administrative bodies. Nigerian nationality is typically obtained under the principal of jus sanguinis, i.e. by birth to parents with Nigerian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.
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The Legitimacy Act 1931 is an act created by the Oireachtas of Ireland in 1931. The purpose of the Legitimacy Act 1931 was to amend the law relating to children born out of wedlock.
Eswatini nationality law is regulated by the Constitution of Eswatini, as amended; the Swaziland Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Eswatini. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Eswatini nationality is typically obtained under the principle of jus soli, i.e. by birth in Eswatini, or jus sanguinis, born to parents with Eswatini nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation or the traditional khonta system.
Gambian nationality law is regulated by the Constitution of The Gambia, as amended; The Gambia Nationality and Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of The Gambia. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Gambian nationality is typically obtained under the principle of jus sanguinis, born to parents with Gambian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.