Report No. 65

9.3. Obligation to recognize-habitual residence and nationality.-

Article 2 provides that divorces and legal separations to which the Convention applies1 shall be recognised in all other Contracting States, subject to the remaining terms of this Convention, if, at the date of the institution of the proceedings in the State of the divorce or legal separation (referred. to as "the State of origin")-

(1) The respondent had his habitual residence there; or

(2) the petitioner had his habitual residence there and one of the following further conditions was fulfilled-

(a) such habitual residence had continued for not less than one year immediately prior to the institution of proceedings; or

(b) the spouses last habitually resided there together; or

(3) both spouses were nationals of that State; or

(4) the petitioner was a national of that State and one of the following further conditions was fulfilled-

(a) the petitioner had his habitual residence there; or

(b) he had habitually resided there for a continuous period of one year falling, at least in part, within the two years preceding the institution of the. proceedings; or

(5) the petitioner for divorce was a national of that State and both the following further conditions were fulfilled-

(a) the petitioner was present in that State at the date of institution of the proceedings; and

(b) the spouses last habitually resided together in a State whose law, at the date of institution of the proceedings, did not provide for divorce.

1. Articles 1, para. 9.7, supra.