Jersey Law 21/1973
RECOGNITION OF DIVORCES AND LEGAL SEPARATIONS (JERSEY) LAW, 1973.
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A LAW to
make provision in relation to the recognition in the Island of divorces and
legal separations obtained outside the Island, sanctioned by Order of Her
Majesty in Council of the
24th day of OCTOBER, 1973.
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(Registered on the 13th day of
November, 1973).
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STATES OF JERSEY.
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The 12th day of June,
1973.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law: -
ARTICLE 1
INTERPRETATION
In this Law “country” includes a colony or other
dependent territory of the United Kingdom but for the purposes of this Law a
person shall be treated as a national of such a territory only if it has a law
of citizenship or nationality separate from that of the United Kingdom and he
is a citizen or national of that territory under that law.
ARTICLE 2
RECOGNITION OF DIVORCES AND JUDICIAL SEPARATIONS GRANTED IN THE
BRITISH ISLANDS
Subject to the provisions of Article 9 of this Law, the validity of
a decree of divorce or judicial separation granted after the commencement of
this Law shall, if it was granted under the law of any part of the British
Islands, be recognised in Jersey.
ARTICLE 3
OVERSEAS DIVORCES AND LEGAL SEPARATIONS
The provisions of Articles 4, 5 and 6 of this Law shall have
effect, subject to Article 9 of this Law, as respects the recognition in Jersey
of the validity of overseas divorces and legal separations, that is to say,
divorces and legal separations which –
(a) have been obtained by
means of judicial or other proceedings in any country outside the British
Islands; and
(b) are effective under the
law of that country.
ARTICLE 4
GROUNDS FOR RECOGNITION
(1) The
validity of an overseas divorce or legal separation shall be recognised if, at
the date of the institution of the proceedings in the country in which it was
obtained –
(a) either spouse was
habitually resident in that country; or
(b) either spouse was a
national of that country.
(2) In
relation to a country the law of which uses the concept of domicile as a ground
of jurisdiction in matters of divorce or legal separation, sub-paragraph (a) of paragraph (1) of this Article
shall have effect as if the reference to habitual residence included a
reference to domicile within the meaning of that law.
(3) In
relation to a country comprising territories in which different systems of law
are in force in matters of divorce or legal separation, the foregoing provisions
of this Article, except those relating to nationality, shall have effect as if
each territory were a separate country.
ARTICLE 5
CROSS-PROCEEDINGS AND DIVORCES FOLLOWING LEGAL SEPARATIONS
(1) Where
there have been cross-proceedings, the validity of an overseas divorce or legal
separation obtained either in the original proceedings or in the
cross-proceedings shall be recognised if the requirements of sub-paragraph (a) or (b) of paragraph (1) of Article 4 of this Law are satisfied in
relation to the date of the institution either of the original proceedings or
of the cross-proceedings.
(2) Where
a legal separation the validity of which is entitled to recognition by virtue
of the provisions of Article 4 of this Law or of paragraph (1) of this Article
is converted, in the country in which it was obtained, into a divorce, the
validity of the divorce shall be recognised whether or not it would itself be
entitled to recognition by virtue of those provisions.
ARTICLE 6
PROOF OF FACTS RELEVANT TO RECOGNITION
(1) For
the purpose of deciding whether an overseas divorce or legal separation is
entitled to recognition by virtue of the foregoing provisions of this Law, any
finding of fact made, whether expressly or by implication, in the proceedings
by means of which the divorce or legal separation was obtained and on the basis
of which jurisdiction was assumed in those proceedings shall –
(a) if both spouses took
part in the proceedings, be conclusive evidence of the fact found; and
(b) in any other case, be
sufficient proof of that fact unless the contrary is shown.
(2) In
this Article “finding of fact” includes a finding that either
spouse was habitually resident or domiciled in, or a national of, the country
in which the divorce or legal separation was obtained; and for the purposes of
sub-paragraph (a) of paragraph (1) of
this Article, a spouse who has appeared in judicial proceedings shall be
treated as having taken part in them.
ARTICLE 7
CERTAIN EXISTING RULES OF RECOGNITION TO CONTINUE IN FORCE
This Law is without prejudice to the recognition of the validity of
divorces and legal separations obtained outside the British Islands –
(a) by virtue of any rule
of law relating to divorces or legal separations obtained in the country of the
spouses’ domicile or obtained elsewhere and recognised as valid in that
country;
(b) by virtue of any
enactment other than this Law;
but, save as aforesaid, no such divorce or legal separation shall
be recognised as valid in Jersey except as provided in this Law.
ARTICLE 8
NON-RECOGNITION OF DIVORCE BY THIRD COUNTRY NO BAR TO RE-MARRIAGE
Where the validity of a divorce obtained in any country is entitled
to recognition by virtue of the foregoing provisions of this Law or by virtue
of any rule or enactment preserved by Article 7 of this Law, neither spouse
shall be precluded from re-marrying in Jersey on the ground that the validity
of the divorce would not be recognised in any other country.
ARTICLE 9
EXCEPTIONS FROM RECOGNITION
(1) The
validity of –
(a) a decree of divorce or judicial
separation granted under the law of any part of the British Islands; or
(b) a divorce or legal
separation obtained outside the British Islands;
shall not be recognised in Jersey if it was granted or obtained at
a time when, according to the law of Jersey including its rules of private
international law and the provisions of this Law, there was no subsisting
marriage between the parties.
(2) Subject
to the provisions of paragraph (1) of this Article, recognition by virtue of
this Law or of any rule preserved by Article 7 thereof of the validity of a
divorce or legal separation obtained outside the British Islands may be refused
if, and only if –
(a) it was obtained by one
spouse –
(i) without
such steps having been taken for giving notice of the proceedings to the other
spouse as, having regard to the nature of the proceedings and all the
circumstances, should reasonably have been taken; or
(ii) without
the other spouse having been given, for any reason other than lack of notice,
such opportunity to take part in the proceedings as, having regard to the
matters aforesaid, he should reasonably have been given; or
(b) its recognition would
manifestly be contrary to public policy.
(3) Nothing
in this Law shall be construed as requiring the recognition of any findings of
fault made in any proceedings for divorce or separation or of any maintenance,
custody or other ancillary order made in any such proceedings.
ARTICLE 10
TRANSITIONAL PROVISIONS
The provisions of this Law relating to overseas divorces and legal
separations and other divorces and legal separations obtained outside the
British Islands apply to a divorce or legal separation obtained before the date
of the commencement of this Law as well as to one obtained on or after that
date, and, in the case of a divorce or legal separation obtained before that
date –
(a) require, or, as the
case may be, preclude the recognition of its validity in relation to any time
before that date as well as in relation to any subsequent time; but
(b) do not affect any property
rights to which any person became entitled before that date or apply where the
question of the validity of the divorce or legal separation has been decided by
any competent court in the British Islands before that date.
ARTICLE 11
CITATION
This Law may be cited as the Recognition of Divorces and Legal
Separations (Jersey) Law, 1973.
R.S. GRAY
Deputy Greffier of the States.