Decree of the Minister for Foreign Affairs No. 131 / 1976 Coll.
Decree of the Minister for Foreign Affairs on the Convention on the Recognition of Divorce and the Termination of Marriage
Valid
Effective from 11.07.1976
131
DECLARATION
Minister for Foreign Affairs
of 23 August 1976
on the Convention on the Recognition of Divorce and the Termination of Marriage
On 1 June 1970, the Convention on the Recognition of Divorce and the Withdrawal of Marriage was negotiated in The Hague at the XI meeting of the Hague Conference on Private International Law.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in The Hague on 6 February 1975.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and the President of the Republic, subject to Article 19 (1), according to which the Czechoslovak Socialist Republic reserves the right not to recognise the divorce or the abolition of marital cohabitation between two spouses who were exclusively nationals of the Czechoslovak Republic at the time of the decision, if, under a law other than that provided for by Czechoslovak private international law, the procedure under that law would not result in the same result as if it had been governed by that law, and subject to Article 24, under which the Convention will not apply to divorce or to the abolition of marital coexistence, which took place before the entry into force of the Convention for the Czechoslovak Socialist Republic.
The instruments of ratification of the Czechoslovak Socialist Republic were deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, on 12 May 1976.
The Convention entered into force for the Czechoslovak Socialist Republic on 11 July 1976 on the basis of Article 27 (2) thereof.
The Czech translation of the Convention is being announced simultaneously.
Minister:
Ing. Chupek v. r.
CONVENTION
on the recognition of divorce and the abolition of marital cohabitation
Contracting States to this Convention,
Desiring to facilitate the recognition of divorces and the abolition of marital cohabitation in their territory,
have decided to conclude the Convention for this purpose and have agreed on the following provisions:
This Convention shall apply to the recognition of divorces and the abolition of marital cohabitation in one Contracting State which has taken place in the other Contracting State as a result of judicial or other officially recognised proceedings in that State and which are legally valid there.
The Convention shall not apply to statements of guilt, nor to any other supplementary statements referred to in the decision on divorce or termination of marital cohabitation, in particular to the statement on financial commitments or childcare.
Unless otherwise provided for in this Convention, the divorce and termination of marital cohabitation shall be recognised in all Contracting States if, in the State in which the application for divorce or termination of marital cohabitation was lodged at the date of the application:
1. the defendant has his domicile; or
2. The applicant was resident there and one of the following conditions was met:
(a) this residence was not less than 1 year before the submission of the application;
(b) the spouses had their last joint residence there; or
3. Both spouses were members of that State, or
4. The applicant was a national of that State and, moreover, one of the following conditions was met:
(a) the applicant was resident there; or
(b) he has been resident there continuously for one year at least partially in the two-year period preceding the submission of the application; or
5. The appellant was a national of that State in the case of divorce and, moreover, both of the following additional conditions were met:
(a) the applicant was present in that State at the date of the application; and
(b) the spouses had their last joint residence in a State whose law did not recognise divorce at the time of the application.
Where the jurisdiction in the case of divorce or termination of marital cohabitation may be based on residence in the State of origin, the term "residence 'in Article 2 shall mean residence in the sense in which that name is understood in that State.
However, the above paragraph shall not apply to the residence of the wife if it is legally derived from the residence of the spouse.
Where a counterclaim has been made, divorce or termination of marital coexistence shall be permitted on the basis of the original proposal or counterclaim, provided that the proposal or counterclaim complies with the conditions of Article 2 or 3.
If the abolition of marital cohabitation, within the meaning of the provisions of this Convention in the State of origin, is turned into divorce, the recognition of divorce may not be refused on the grounds that the conditions laid down in Article 2 or 3 have not been fulfilled at the time of the divorce proceedings.
Where the defendant has been active in the proceedings, the authorities of the State in which the recognition of divorce or termination of marital cohabitation is sought shall be bound by the facts on which the jurisdiction was based.
Recognition of divorce or termination of marital cohabitation cannot be refused on the grounds that:
(a) under the law of the State in which such recognition is sought, the divorce or termination of marital cohabitation would not be admissible if the same facts were applied;
(b) a right other than that to be used under the rules of private international law of that State has been applied.
Subject to what is necessary for the application of further provisions of this Convention, the authorities of the State where the recognition of divorce or the abolition of marital cohabitation is sought may not review the decision on the substance of the case.
The Contracting States may refuse recognition of divorce between spouses who, at the time of divorce, were exclusively nationals of States whose law does not know divorce.
Where, in the light of all the circumstances, appropriate measures have not been taken to inform the defendant of the application for divorce or revocation of marital cohabitation, or where the defendant is unable to exercise his rights, the recognition of divorce or revocation of marital coexistence may be refused.
Contracting States may refuse recognition of divorce or termination of marital cohabitation if they are incompatible with an earlier decision relating to the marital status of the parties and such a decision has been given in the State in which recognition is sought or has been recognised or in which the conditions for recognition are fulfilled.
Contracting States may refuse recognition of divorce or the abolition of marital cohabitation where such recognition is manifestly incompatible with their public policy.
A State which is obliged to recognise divorce under this Convention cannot prohibit any spouse from entering into a new marriage on the grounds that the law of another State does not recognise that divorce.
Proceedings for the divorce or annulment of marital cohabitation may be terminated in each Contracting State if the marital status of one of the parties is the subject of proceedings in another Contracting State.
As regards divorces or cancellations of marital cohabitation which have been authorised or recognised in the Contracting States which have two or more legal regulations in this field in different territorial units,
1. any reference to the law of the State of origin shall mean a reference to the law of the territory in which the divorce or termination of marital cohabitation took place;
2. any reference to the law of the recognition State shall mean a reference to the law of the court where the proceedings are held; and
3. any reference to residence or residence in the State of origin shall mean a reference to residence or residence in the territory in which the divorce or termination of marital cohabitation took place.
Where the State of origin has two or more legal orders in different territorial units in the field of divorce or termination of marital cohabitation, for the purposes of Article 2 or Article 3.
1. Article 2 (3) shall apply, provided that the two spouses were members of the State in which the territorial unit in which the divorce or termination of marital cohabitation took place, irrespective of the permanent residence of the spouses:
2. Article 2 (4) and (5) shall apply, provided that the applicant was a national of the State in which the territorial unit in which the divorce or termination of marital cohabitation took place is part.
With regard to a Contracting State which has two or more rules of law applicable to different categories of persons in the field of divorce or termination of marital cohabitation, any reference to that State's law means a reference to the rule of law laid down by that State's law.
Where, in the implementation of this Convention, the law of a State (whether a Contracting Party to this Convention or not) other than that of origin or of a recognised State is to be taken into account, and the law of that State has two or more legal systems with territorial or personal jurisdiction in the field of divorce or termination of marital cohabitation, the law of that State shall be invoked.
This Convention shall not prevent a Contracting State from applying legislation more favourable to that recognition when recognising divorce and abolishing marital cohabitation abroad.
This Convention shall not affect the application of other conventions to which one or more Contracting States are or will be parties if they contain provisions on matters governed by this Convention.
However, the Contracting States shall not conclude other conventions in this respect which are incompatible with the arrangements provided for in this Convention, unless justified by specific reasons arising from territorial or other volumes; Notwithstanding the provisions of such conventions, Contracting States shall recognise, within the meaning of this Convention, the divorce and termination of marital cohabitation which took place in the Contracting States which are not parties to such other conventions.
No later than on ratification or accession, each State may reserve the right to:
1. not to recognise the divorce or termination of marital cohabitation between two spouses who, at the time of the decision, were exclusively nationals of the spouse if, under a law other than that laid down in his international private law, the procedure under that law was not to result in the same result as if it had been governed by that law;
2. Not to recognise divorce between spouses who, at the time of the decision, both were resident in countries whose legal systems do not know divorce. A State which applies the reservation referred to in this paragraph shall not be able to refuse recognition pursuant to Article 7.
A Contracting State whose legal order does not know divorce may, at the latest at the time of ratification or accession, reserve the right not to recognise divorce if, at the time of divorce, one of the spouses was a member of a State whose legal order does not recognise divorce.
This reservation will only have effect until the legal order of the State applying it establishes a divorce.
A Contracting State whose legal order does not know the abolition of marital cohabitation may, at the latest at the time of ratification or accession, reserve the right not to recognise the annulment of marital cohabitation if, at the time of the annulment of marital cohabitation, one of the spouses was a member of a Contracting State whose legal order does not know the abolition of marital coexistence.
A Contracting State may at any time declare that certain groups of persons having its nationality need not be considered nationals for the purposes of this Convention.
A Contracting State which has two or more laws or regulations in the field of divorce or termination of marital cohabitation may, at the time of signature, ratification or accession, declare that this Convention applies to all or only one or more of those laws and may at any time amend that Declaration by a declaration to others.
These declarations shall be notified to the Ministry of Foreign Affairs of the Netherlands and shall explicitly specify the legal rules to which the Convention applies.
A Contracting State may refuse recognition of divorce or termination of marital cohabitation if, on the date on which recognition is required, the Convention cannot be applied to the legal order on the basis of which such divorce or termination of marital coexistence took place.
This Convention shall apply irrespective of the time when the divorce or termination of marital coexistence took place.
However, the Contracting State may reserve, at the latest at the time of ratification or accession, that this Convention shall not apply to the divorce or termination of marital cohabitation which took place before the date on which the Convention entered into force in that State.
No later than on ratification or accession, each State may make one or more reservations provided for in Articles 19, 20, 21 and 24 of this Convention. Other reservations are not allowed.
Upon notification of the extension of the Convention pursuant to Article 29, a Contracting State may also make one or more of the reservations referred to with effect limited to the territory or one of the territories to which the enlargement applies.
Any Contracting State may at any time revoke the reservation it has previously made. The abolition of this reservation shall be notified to the Ministry of Foreign Affairs of the Netherlands.
The effect of the reservation shall expire on the 60th day following the notification referred to in the preceding paragraph.
This Convention is open for signature by States represented at the XI meeting of the Hague Conference on Private International Law.
The Convention is subject to ratification and the instruments of ratification will be deposited with the Ministry of Foreign Affairs of the Netherlands.
This Convention shall enter into force on the 60th day following the deposit of the third instrument of ratification referred to in Article 26 (2).
The Convention shall enter into force for each State which ratifies it later on the 60th day following the deposit of the instrument of ratification.
A State not represented at the XI meeting of the Hague Conference on Private International Law, which is a member of that Conference or of the United Nations or a member of its professional organisation or a Contracting Party to the Statute of the International Court of Justice, may accede to this Convention after its entry into force in accordance with Article 27 (1).
The Act of Access will be deposited with the Ministry of Foreign Affairs of the Netherlands.
The approach is only effective in relations between the acceding State and the Contracting States which declare their acceptance of the approach. This declaration shall be deposited with the Ministry of Foreign Affairs of the Netherlands, which shall send a certified copy by diplomatic means to each Contracting State.
The Convention shall enter into force between the acceding State and the State which declared its acceptance of the approach on the 60th day following the deposit of the declaration of consent.
Each State may, when signing, ratifying or accessing, declare that this Convention applies to all territories which it represents internationally or to one or more of them. This declaration shall become effective at the time when the Convention for that State enters into force.
After this time, any extension of this scope shall be notified to the Ministry of Foreign Affairs of the Netherlands.
Enlargement has an effect only in relations with the Contracting States which declare their agreement to this enlargement. This declaration shall be deposited with the Ministry of Foreign Affairs of the Netherlands, which shall send a certified copy to each Contracting State through diplomatic channels.
The extension shall take effect in all cases on the 60th day following the deposit of the declaration of consent.
This Convention shall apply for five years from the date of entry into force pursuant to Article 27 (1), including for States which will ratify or accede to it later.
If no statement is made, the Convention shall be extended by five years in silence.
The denunciation shall be notified at least six months before the end of the five-year period to the Ministry of Foreign Affairs of the Netherlands. The denunciation may be restricted to certain territories to which the Convention applies.
The effects of the denunciation shall be limited to the State which has declared the Convention. The Convention shall remain in force for the other Contracting States.
The Ministry of Foreign Affairs of the Netherlands shall notify the States referred to in Article 26 and States acceding to the Convention in accordance with the provisions of Article 28.
(a) signatures and ratifications pursuant to Article 26;
(b) the period when this Convention enters into force pursuant to Article 27 (1);
(c) the approaches referred to in Article 28 and the duration of their effectiveness;
(d) the extension referred to in Article 29 and their period of effectiveness;
(e) the statement referred to in Article 30,
(f) reservations and cancellations pursuant to Articles 19, 20, 21, 24 and 25;
(g) the declaration referred to in Articles 22, 23, 28 and 29.
They have signed this Convention in order to prove the low-signed representatives duly empowered.
In the Hague on 1 June 1970, in French and English, the two texts being equally authentic, in one copy, to be deposited in the archives of the Government of the Netherlands, the certified copy of which will be transmitted by diplomatic channels to each State represented at the XI meeting of the Hague Conference on Private International Law.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 131 / 1976 Coll., on the Convention on the Recognition of Divorce and the Termination of Marriage |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.11.1976 |
|---|---|
| Effective from | 11.07.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0