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overseas divorce


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A divorce, annulment, or legal separation obtained overseas. There are different rules for the recognition of overseas divorces in the UK, according to whether or not they are obtained through judicial proceedings. An overseas divorce obtained through proceedings is recognized if: it is effective under the law of the country in which it was obtained; and either party to the marriage was habitually resident in, domiciled in, or a national of the country where it was obtained. An overseas divorce obtained otherwise than through proceedings is recognized if: it is effective under the law of the country where it was obtained; both parties were domiciled in that country, or one party was domiciled in that country and the other party was domiciled in another country that recognizes the divorce as valid; and neither party was habitually resident in the UK in the year preceding the divorce. See also extrajudicial divorce.

Subjects: Law.


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