Partijen en gegevens

… the Convention extends only to the legal system applicable in the Australian States and mainland Territories and Norfolk Island.

… the Government of the Republic of Cyprus reserves the right under para. (1) of Article 19 to refuse to recognise a divorce of legal separation between two spouses who, at the time of the divorce or legal separation, were both citizens of the Republic of Cyprus and of no other State and a law other than that indicated by the rules of Private International Law obtaining in Cyprus was applied, unless the result reached is the same as that which would have been reached by applying the law indicated by those rules.

In accordance with the provisions of Article 23, the Convention shall extend to the legal systems of the three parts of the United Kingdom, namely England and Wales, Scotland and Northern Ireland. ’

In accordance with the provisions of Article 24, the United Kingdom reserves the right not to apply the Convention to a divorce or to a legal separation obtained before the date on which, in relation to the United Kingdom, the Convention comes into force. Nevertheless, the United Kingdom will in practice apply the provisions of the Convention to a divorce or legal separation obtained on or after the date on which the legislation implementing the provisions of the Convention came into force in the part of the United Kingdom in which recognition is sought.

The United Kingdom will also apply the provisions of the Convention to a divorce or legal separation obtained before that date, save that in such a case the application of those provisions will not affect any property rights to which any person became entitled before that date and those provisions will not apply where the question of the validity of the divorce or legal separation has been decided before that date by any competent court in the United Kingdom, the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man.

The legislation implementing the provisions of the Convention came into force in England and Wales and Scotland on the 1st of January 1972, and in Northern Ireland on the 1st of January 1974.

In accordance with the provisions of Articles 24 and 25, the United Kingdom reserves the right not to apply the Convention, in relation to the aforesaid territories, to a divorce or to a legal separation obtained before the date on which, in relation to those territories, the Convention comes into force. Nevertheless, the provisions of the Convention will in practice be applied in those territories to a divorce or legal separation obtained on or after the date on which the legislation implementing the provisions of the Convention came into force in the territory in which recognition is sought. The provisions of the Convention will also be applied in that territory to a divorce or legal separation obtained before that date, save that in such case the application of those provisions will not affect any property rights to which any person became entitled before that date and those provisions will not apply where the question of the validity of the divorce or legal separation has been decided before that date by any competent court in the United Kingdom, the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man.

The legislation implementing the provisions of the Convention came into force in the Bailiwick of Guernsey on the 27th of June 1972; in the Bailiwick of Jersey on the 13th of November 1973; and in the Isle of Man on the 17th of October 1972.

In accordance with the provisions of Articles 24 and 25, the United Kingdom reserves the right not to apply the Convention, in relation to the afore-said territories, to a divorce or to a legal separation obtained before the date on which, in relation to those territories, the Convention comes into force. Nevertheless, the provisions of the Convention will in practice be applied in those territories to a divorce or legal separation obtained on or after the date on which the legislation implementing the provisions of the Convention came into force in the territory in which recognition is sought. The provisions of the Convention will also be applied in that territory to a divorce or legal separation obtained before that date, save that in such a case the application of those provisions will not affect any property rights to which any person became entitled before that date and those provisions will not apply where the question of the validity of the divorce or legal separation has been decided before that date by a competent court in that territory.

The legislation implementing the provisions of the Convention came into force in Gibraltar on the 1st of November, 1974 and in Hong Kong on the 1st of April, 1972.

In accordance with the provisions of Articles 24 and 25, the United Kingdom reserves the right not to apply the Convention, in relation to Bermuda, to a divorce or to a legal separation obtained before the date on which the Convention comes into force for Bermuda. Nevertheless the provisions of the Convention will in practice be applied in Bermuda to a divorce or legal separation obtained on or after the date on which the legislation implementing the provisions of the Convention came into force in Bermuda, namely 1st August 1977.

The acceptance of the accession of the Republic of Albania, the Republic of Estonia, the Republic of Moldova and the Republic of Poland by the United Kingdom of Great Britain and Northern Ireland is also on behalf of the Bailiwick of Jersey, the Bailiwick of Guernsey, the Isle of Man, Bermuda, and Gibraltar.

Switzerland has accepted the extension to Aruba (Kingdom of the Netherlands) on 29 January 2008. The Convention will enter into force between Switzerland and Aruba on 29 March 2008.

The acceptance of the accession of Cyprus by the United Kingdom of Great Britain and Northern Ireland is also on behalf of the Bailiwick of Jersey, the Bailiwick of Guernsey, the Isle of Man, Bermuda, Gibraltar and Hong Kong.

The acceptance of the accession of Australia by the United Kingdom of Great Britain and Northern Ireland is also on behalf of the Bailiwick of Jersey, the Bailiwick of Guernsey, the Isle of Man, Bermuda, Gibraltar and Hong Kong.

The acceptance of the accession of the Republic of Albania, the Republic of Estonia, the Republic of Moldova and the Republic of Poland by the United Kingdom of Great Britain and Northern Ireland is also on behalf of the Bailiwick of Jersey, the Bailiwick of Guernsey, the Isle of Man, Bermuda, and Gibraltar.

The acceptance of the accession of the Republic of Albania, the Republic of Estonia, the Republic of Moldova and the Republic of Poland by the United Kingdom of Great Britain and Northern Ireland is also on behalf of the Bailiwick of Jersey, the Bailiwick of Guernsey, the Isle of Man, Bermuda, and Gibraltar.

The Republic of Albania declares that the term ‘divorce’ in the context of the Convention has the same meaning as ‘marriage dissolution’, provided for in the Albanian law.

In accordance with the first paragraph of article 19 of the Convention, the Republic of Albania reserves the right to refuse to recognize a divorce or legal separation between two spouses who, at the time of the divorce or legal separation, were nationals of the Republic of Albania and of no other State, and a law other than that indicated by the Albanian legislation for rules of private international law was applied, unless the result reached is the same as that which would have been reached by applying the law indicated by those rules.

In accordance with article 21 of the Convention, the Republic of Albania reserves the right to refuse to recognize a legal separation when, at the time it was obtained, one of the spouses was an Albanian national or of a Contracting State whose law did not provide for legal separation.

In accordance with the second paragraph of article 24 of the Convention, the Republic of Albania declares it shall apply the provisions of the Convention on the Recognition of Divorces and Legal Separations, done prior to its date of entry into force and reserves the right to not apply it if the application of provisions does not affect the property rights obtained by any person prior to the entry into force of the Convention.

The acceptance of the accession of the Republic of Albania, the Republic of Estonia, the Republic of Moldova and the Republic of Poland by the United Kingdom of Great Britain and Northern Ireland is also on behalf of the Bailiwick of Jersey, the Bailiwick of Guernsey, the Isle of Man, Bermuda, and Gibraltar.