Part 5 U.K.Civil partnership formed or dissolved abroad etc.

Chapter 3U.K.Dissolution etc.: jurisdiction and recognition

Recognition of dissolution, annulment and separationU.K.

F1235Grounds for recognitionU.K.

(1)The validity of an overseas dissolution, annulment or legal separation obtained by means of proceedings is to be recognised if—

(a)the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained, and

(b)at the relevant date either civil partner—

(i)was habitually resident in the country in which the dissolution, annulment or legal separation was obtained,

(ii)was domiciled in that country, or

(iii)was a national of that country.

(2)The validity of an overseas dissolution, annulment or legal separation obtained otherwise than by means of proceedings is to be recognised if—

(a)the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained,

(b)at the relevant date—

(i)each civil partner was domiciled in that country, or

(ii)either civil partner was domiciled in that country and the other was domiciled in a country under whose law the dissolution, annulment or legal separation is recognised as valid, and

(c)neither civil partner was habitually resident in the United Kingdom throughout the period of 1 year immediately preceding that date.

(3)In this section “the relevant date” means—

(a)in the case of an overseas dissolution, annulment or legal separation obtained by means of proceedings, the date of the commencement of the proceedings;

(b)in the case of an overseas dissolution, annulment or legal separation obtained otherwise than by means of proceedings, the date on which it was obtained.

(4)Where in the case of an overseas annulment the relevant date fell after the death of either civil partner, any reference in subsection (1) or (2) to that date is to be read in relation to that civil partner as a reference to the date of death.