Children

Children

Contents

Are the children legitimate?

The legal status of the child will depend on whether your marriage or civil partnership was void or voidable.

If you got an annulment because your marriage or civil partnership was void, your child will be treated as legitimate as long as the father was domiciled in England and Wales at the time of the birth. This is, however, also dependent on one or both of you reasonably believing that the marriage or civil partnership was valid at the time of one of the following:

  • The child's conception
  • The insemination resulting in their birth
  • The celebration of the marriage/civil partnership

If you got an annulment (after 31 July 1971) because your marriage or civil partnership was voidable, your marriage or civil partnership will be regarded as having been valid until the date of the final order of annulment. Therefore, any children conceived or born during the marriage or civil partnership will be and will remain legitimate after the annulment order.

See Children for more information.