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Report No. 65

Chapter 9

The Hague Convention

9.1. Introductory.- We shall, in this Chapter, summarise the important provisions of the Hague Convention1.

1. For text of the Convention, see (1969) 18 ICLQ 657.

9.2. Scope of the Convention.-

The scope of the Convention is dealt with in Article 1. The Convention shall apply to the recognition, in one contracting State, of divorces and legal separations obtained in another contracting States which follow judicial or other proceedings officially recognised in that State and which are legally effective there. The same Article (Article 1) provides that the Convention does not apply to findings of fault or to ancillary orders pronounced on the making of a decree of divorce or legal separation; in particular, it does not apply to orders relating to pecuniary obligations or to the custody of children.



Recognition of Foreign Divorces Back




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