Domicile and Recognition of Foreign Divorces Act 1986

Recognition of foreign divorces.

5

5.—(1) For the rule of law that a divorce is recognised if granted in a country where both spouses are domiciled, there is hereby substituted a rule that a divorce shall be recognised if granted in the country where either spouse is domiciled.

(2) In relation to a country which has in matters of divorce two or more systems applying in different territorial units, this section shall, without prejudice to subsection (3) of this section, have effect as if each territorial unit were a separate country.

(3) A divorce granted in any of the following jurisdictions—

(a) England and Wales,

(b) Scotland,

(c) Northern Ireland,

(d) the Isle of Man,

(e) the Channel Islands,

shall be recognised if either spouse is domiciled in any of those jurisdictions.

(4) In a case where neither spouse is domiciled in the State, a divorce shall be recognised if, although not granted in the country where either spouse is domiciled, it is recognised in the country or countries where the spouses are domiciled.

(5) This section shall apply to a divorce granted after the commencement of this Act.

(6) Nothing in this section shall affect a ground on which a court may refuse to recognise a divorce, other than such a ground related to the question whether a spouse is domiciled in a particular country, or whether the divorce is recognised in a country where a spouse is domiciled.

(7) In this section—

“divorce” means divorce a vinculo matrimonii;

“domiciled” means domiciled at the date of the institution of the proceedings for divorce.

Annotations

Modifications (not altering text):

C1

Prospective affecting provision: application of section restricted by Family Law Act 2019 (37/2019), s. 5 (2), not commenced as of date of revision.

Definitions and Application (Part 3)

5.— ...

(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.

C2

Application of section restricted (1.08.2022) by European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 (S.I. No. 400 of 2022), reg. 7(a), in effect as per reg. 1(2).

Non-applicability of certain statutory provisions.

7. The following provisions shall not have effect in relation to proceedings to which the Council Regulation (other than Article 6) applies:

(a) section 5 of the Domicile and Recognition of Foreign Divorces Act 1986;

...

C3

Application of section restricted (31.12.2020, 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 124(2), S.I. No. 693 of 2020.

Definitions and application (Part 19)

124. ...

(2) Section 5 of the Domicile and Recognition of Foreign Divorces Act 1986 shall not apply to a divorce to which section 125 or 126 applies.

Editorial Notes:

E1

Previous affecting provision: application of section restricted (1.03.2005) by European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005), reg. 7(a), in effect as per reg. 1(2); revoked (1.08.2022) by European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 (S.I. No. 400 of 2005), reg. 12, in effect as per reg. 1(2), suject to transitional provisions in paras. (a)-(c).

E2

Previous affecting provision: application of section restricted (23.10.2001) by European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2001 (S.I. No. 472 of 2001), reg. 3; revoked (1.03.2005) by European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005), reg. 11, in effect as per reg. 1(2).