Prohibited Degrees of Relationship

A decision of the European Court of Human Rights (ECHR) on 13 September 2005, B and L v UK (application no. 36536/02) decided that certain aspects of the law in relation to the prohibitions on marriage were incompatible with Article 12 of the European Convention – the right to marry.

The law setting out the conditions under which persons who can marry in Northern Ireland prohibited a person from marrying his daughter in law whilst his son or the mother of his son are still alive.

Provisions of the Civil Partnership Act 2004 also prohibited a person forming a civil partnership with the former civil partner of his son while his son and the son’s mother are still alive, although these provisions have not been commenced.

The Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2006 removed these provisions in relation to both marriage and civil partnership.

Scotland removed comparable prohibitions in the Family Law Act 2006, and England and Wales are remedying its law by way of a remedial order under the Human Rights Act 1998.

Back to Past Projects