Report No. 65
5. Cross-proceedings and separation converted into divorce.-
(1) Where there have been cross-proceedings, the validity of a foreign divorce or legal separation obtained either in the original proceedings or in the cross-proceedings shall be recognised if the requirements of clause (a) or (b) or (c) of sub-section (1) of section 4 are satisfied in relation to the date of the institution either of the original proceedings or of the cross-proceedings.
(2) Where a legal separation the validity of which is entitled to recognition by virtue of the provisions of section 4 or sub-section (1) of this section is converted, in the country in which it was obtained, into a divorce, the validity of the divorce shall be recognised whether or not it would itself be entitled to recognition by virtue of these provisions.
[Cf. section 4, English Act.]
6. (1) For the purpose of deciding whether a foreign divorce or legal separation is entitled to recognition by virtue of the provisions of sections 3 to 5, any finding of fact made (whether expressly or by implication) in the proceedings as a result of which the divorce or legal separation was obtained and on the basis of which jurisdiction was assumed in those proceedings shall-
(a) if both spouses took part in the proceedings, be conclusive proof of the facts found; and
(b) in any other case, be sufficient proof of that fact unless the contrary is shown.
(2) In this section, "finding of fact" includes a finding that either spouse was habitually resident or domiciled in, or a national of, the country in which the divorce or legal separation was obtained; and for the purposes of clause (a) of sub-section (1), a spouse who has appeared in judicial proceedings shall be treated as having taken part in them.
[Cf. section 5, English Act.]
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