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Report No. 65

9.4. Domicile.-

Under Article 3, where the State of origin (State of divorce etc.) uses the concept of domicile as a test of jurisdiction in matters of divorce or legal separation, the expression "habitual residence" in Article 2 shall be deemed to include domicile as the term is used in that State. Nevertheless, this proposition shall not apply to the domicile of dependence of a wife.

9.5. Cross-petitions.-

Article 4 makes it clear that where there has been a cross-petition, a divorce or legal separation following upon the petition or cross-petition shall be recognised if either falls within the terms of Articles 2 or 3.

9.6. Legal separation converted into a divorce.-

Under Article 5, where a legal separation complying with the terms of this Convention has been converted into a divorce in the State of origin, the recognition of the divorce shall not be refused for the reason that the conditions stated in Articles 2 or 3 were no longer fulfilled at the time of the institution of the divorce proceedings.

9.7. Findings of fact.-

The first paragraph of Article 6 provides that where the respondent has appeared in the proceedings, the authorities of the State in which recognition of a divorce or legal separation is sought shall be bound by the findings of fact on which jurisdiction was assumed.

9.8. Law.-

Under the second paragraph of Article 6, the recognition of a divorce or legal separation shall not be refused-

(a) because the internal law of the State in which such recognition is sought would not allow divorce or, as the case may be, legal separation upon the same facts, or

(b) because a law was applied other than that applicable under the rules of private international law of that State.

Recognition of Foreign Divorces Back

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