Recognition of overseas divorce or dissolution of civil partnership
Recognition of overseas divorce or dissolution of civil partnership

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

  • Recognition of overseas divorce or dissolution of civil partnership
  • Recognition prior to IP completion day
  • Recognition after IP completion day
  • Recognition of foreign orders obtained in formal proceedings
  • Recognition of foreign orders obtained other than within proceedings
  • Refusal of recognition of foreign orders
  • Orders in relation to civil partnerships

Recognition of overseas divorce or dissolution of civil partnership

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes took effect across the UK’s legal regime. See Practice Notes: Brexit and family law and What does IP completion day mean for family law?

This Practice Note sets out the position as to the recognition of an overseas divorce in England and Wales both prior to and after IP completion day, see: Recognition prior to IP completion day and Recognition after IP completion day.

Prior to IP completion day, 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 or Brussels IIA) applied as to both recognition in the UK and in EU Member States. Post IP competition day, the recognition of an English or Welsh divorce or dissolution in EU Member States is less clear, and it may be necessary to refer to the Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations (the 1970 Hague Convention), which is intended to regulate the recognition of divorces

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