Recognition of divorce and legal separation under the 1970 Hague Convention
Recognition of divorce and legal separation under the 1970 Hague Convention

The following Family practice note provides comprehensive and up to date legal information covering:

  • Recognition of divorce and legal separation under the 1970 Hague Convention
  • Origin
  • Contracting states
  • Relationship with Brussels II bis
  • Aims
  • Scope
  • Recognition
  • Habitual residence and domicile
  • Refusal of recognition
  • Reservations
  • More...

The Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations (the 1970 Hague Convention) is intended to regulate the recognition of divorces and legal separations in a contracting state where the divorce or legal separation was performed in another contracting state according to the correct legal procedure in the state where it was obtained.

As of 31 January 2020 (exit day), the UK ceased to be an EU Member State and no longer participates in the political institutions and governance structures of the EU. However, in accordance with the transitional arrangements provided for in Part 4 of the Withdrawal Agreement, exit day marked the commencement of an 11-month implementation period (from 11 pm on exit day until 11 pm on 31 December 2020 (implementation period (IP) completion day)) during which the UK and EU agreed that the UK is to be treated as a Member State for the purposes of international agreements. The Jurisdiction and Judgments (Family) (Amendment etc) (EU Exit) Regulations 2019, SI 2019/519, made under the European Union (Withdrawal) Act 2018, revoke Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels II bis) (except in relation to proceedings started before IP completion day).

In terms of legal impact, IP completion day is

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