The Hague Divorce Convention, officially Convention on the Recognition of Divorces and Legal Separations is a convention concluded by the Hague Conference on Private International Law (HCCH). It regulates the recognition of divorces and legal separations provided they have been performed according to the correct legal process in the state where the divorce was obtained. Not all divorces need to be recognized under the convention. Only those divorces obtained in a state where (at the time of the start of the proceedings);[1]
- the "respondent" (the person against whom proceedings were started) had its residence
- the "petitioner" (the person starting the procedures) had his residence (for at least a year; or: together with his/her spouse)
- corresponds to the nationality of both spouses
- corresponds to the nationality of the petitioner and where he lived, or had lived for 1 year in the past 2 years
- corresponds to the nationality of the petitioner, and where he is present, while the last state of their joint residence does not provide for divorce
| Hague Convention on the Recognition of Divorces and Legal Separations | |
|---|---|
 Parties that ratified
Parties that acceded (only valid after acceptance of other countries) | |
| Signed | 1 June 1970 |
| Location | The Hague, The Netherlands |
| Effective | 24 August 1975 |
| Condition | Ratification by 3 states[1] |
| Parties | 20[2] |
| Depositary | Ministry of Foreign Affairs (Netherlands) |
| Languages | English and French |
Parties
editAs of March 2013, 20 states were parties to the convention. The parties are all in Europe, except Australia, Egypt and Hong Kong. The convention is open to all countries. Countries that signed the convention, became a Party by subsequent ratification. Other countries can accede to the convention. When a country ratifies, it automatically becomes applicable between all countries that are party to the convention, whereas the accession only becomes applicable when the other country accepts that accession. Regarding members of the European Union (except Denmark), the Brussels II regulation (which handles conflict of law regarding divorce and parental responsibility) supersedes the convention. The UK government has stated that in the event of withdrawal from the European Union in March 2019 without a treaty, the UK would continue to use the Hague Divorce Convention to recognise overseas divorces.[3]
| Country | Signature | Ratification/Accession | Remarks |
|---|---|---|---|
| Albania | 7 March 2013 | ||
| Australia | 24 November 1985 | Australian States and mainland Territories and Norfolk Islands | |
| China | 21 May 1975 | Only with respect to Hong Kong | |
| Cyprus | 13 January 1983 | ||
| Czech Republic | 28 June 1993 | succession from Czechoslovakia | |
| Denmark | 5 December 1972 | 25 June 1975 | |
| Egypt | 8 May 1979 | 21 April 1980 | |
| Estonia | 7 November 2002 | ||
| Finland | 19 November 1974 | 16 June 1977 | |
| Italy | 19 February 1986 | 19 February 1986 | |
| Luxembourg | 6 November 1981 | 13 February 1991 | |
| Moldova | 10 October 2011 | 10 October 2011 | |
| Netherlands | 23 August 1979 | 23 June 1981 | European territory and Aruba (since 28 May 1986) |
| Norway | 12 October 1972 | 15 August 1978 | |
| Poland | 25 April 1996 | ||
| Portugal | 10 May 1985 | 10 May 1985 | |
| Slovakia | 15 March 1993 | succession from Czechoslovakia | |
| Sweden | 13 September 1974 | 25 June 1975 | |
| Switzerland | 23 June 1975 | 18 May 1976 | |
| United Kingdom | 1 June 1970 | 21 May 1974 | Extended to Bermuda (20 August 1972), Gibraltar (28 January 1977), Guernsey, Jersey, Isle of Man (21 May 1974) |
External links
editReferences
edit- ^ a b "Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations". HCCH. Retrieved 16 March 2013.
- ^ "Status". HCCH. Retrieved 16 March 2013.
- ^ "Handling civil legal cases that involve EU countries if there's no Brexit deal". gov.uk. Retrieved 24 September 2018.