First Previous (PART 2 Amendments to Acts Relating to Family Law)

37 2019

FAMILY LAW ACT 2019

PART 3

Recognition of Certain Divorces, Legal Separations and Marriage Annulments

Definitions and application (Part 3)

5. (1) In this Part—

“Council Regulation” means Council Regulation (EC) No. 2201/2003 of 27 November 20031 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No. 1347/2000, as amended by Council Regulation (EC) No. 2116/2004 of 2 December 20042 amending Regulation (EC) No. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No. 1347/2000, as regards treaties with the Holy See;

“relevant jurisdiction” means—

(a) England and Wales,

(b) Scotland,

(c) Northern Ireland, or

(d) Gibraltar.

(2) Section 5 of the Domicile and Recognition of Foreign Divorces Act 1986 shall not apply to a divorce to which section 6 or 7 applies.

Recognition of certain divorces, legal separations and marriage annulments granted in United Kingdom or Gibraltar before coming into operation of section

6. A divorce, legal separation or marriage annulment granted under the law of a relevant jurisdiction that, prior to the coming into operation of this section, was recognised under the Council Regulation shall continue to be recognised.

Recognition of certain divorces, legal separations and marriage annulments granted in United Kingdom or Gibraltar after coming into operation of section

7. (1) This section shall apply to a divorce, legal separation or marriage annulment granted under the law of a relevant jurisdiction on or after the coming into operation of this section.

(2) A divorce, legal separation or marriage annulment to which this section applies shall, subject to subsection (3), be recognised if, at the date of the institution of the proceedings relating to the divorce, legal separation or marriage annulment concerned, at least one of the following requirements is satisfied:

(a) the spouses were habitually resident in a relevant jurisdiction;

(b) the spouses were last habitually resident in a relevant jurisdiction, insofar as one of them still resided there;

(c) the respondent was habitually resident in a relevant jurisdiction;

(d) the applicant—

(i) was habitually resident in a relevant jurisdiction, and

(ii) had resided there for at least a year immediately prior to that date;

(e) either of the spouses was domiciled in a relevant jurisdiction.

(3) A divorce, legal separation or marriage annulment to which this section applies shall not be recognised—

(a) if such recognition is manifestly contrary to public policy,

(b) where the judgment in the proceedings relating to the divorce, legal separation or marriage annulment concerned (“the relevant judgment”) was given in default of appearance, if the respondent was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable the respondent to arrange for his or her defence unless it is determined that the respondent has accepted the judgment unequivocally,

(c) if the relevant judgment is irreconcilable with a judgment given in proceedings between the same parties in the State, or

(d) if the relevant judgment is irreconcilable with an earlier judgment given in a state other than the State between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the State.

1 O.J. No. L338, 23.12.2003, p. 1

2 O.J. No. L367, 14.12.2004, p. 1