Recognition of Divorce
In April 1988, the United Kingdom introduced amendments to its Family Law on the recognition of divorces granted to its citizens by foreign jurisdictions. The amendments set standards for the recognition of divorces obtained by means of proceedings, as well as those obtained by means other than by means of proceedings.
Under the new law, the UK shall recognize as valid an overseas divorce obtained by means of proceedings if:
- The divorce is effective under the law of the country in which it was obtained; and
- At the date of the commencement of the proceedings either party to the marriage was:
Habitually resident in the country in which the divorce was obtained; or - Domiciled in that country; or
- A national of that country
On the other hand, an overseas divorce obtained by its citizens other than by means of proceedings shall be recognized by the UK if:
- The divorce is effective under the law of the country in which it was obtained; and
- At the date on which it was obtained:
- Each party to the marriage was domiciled in that country; or
- Either party to the marriage was domiciled in that country and the other party was domiciled in a country under whose law the divorce is recognized as valid; and
- Neither party to the marriage was habitually resident in the United Kingdom throughout the period of one year immediately preceding that date; and
- There is an official document certifying that the divorce is effective under the law of the country in which it is obtained (or where the parties was at the date of the divorce domiciled in another country, there shall be an official document certifying that the divorce is recognized as valid under the law of that country.
