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Report No. 65

9.9. Merits.-

Under the third paragraph of Article 6, "without prejudice to such review as may be necessary for the application of other provisions of this Convention, the authorities of the State in which recognition of a divorce or legal separation is sought shall not examine the merits of the decision."

9.10. Refusal to recognise.-

Article 7 states that contracting States may refuse to recognise a divorce when, at the time it was obtained, both the parties were nationals of States which did not provide for divorce and of no other State.

9.11. Notice.-

Under Article 8, if in the light of all the circumstances, adequate steps were not taken to give notice of the proceedings for a divorce or legal separation to the respondent, or if he was not afforded a sufficient opportunity to present his case, the divorce or legal separation may be refused recognition.

9.12. Incompatibility with previous decision.-

Contracting States may, under Article 9, refuse to recognise a divorce or legal separation if it is incompatible with a previous decision determining the matrimonial status of the spouses and that decision either was rendered in the State in which recognition is sought, or is recognised, or fulfills the conditions required for recognition, in that State.

9.13. Public policy.-

Under Article 10, contracting States may refuse to recognise a divorce or legal separation if such recognition is manifestly incompatible with their public policy ("order public").

9.14. Remarriage.-

Article 11 provides that a State which is obliged to recognised a divorce under this Convention may not preclude either spouse from remarrying on the ground that the law of another States does not recognise that divorce.

9.15. Suspension of proceedings.-

Under Article 12, proceedings for divorce or legal separation in any Contracting State may be suspended when proceedings relating to the matrimonial status of either party to the marriage are pending in another Contracting state.

9.16. Other provisions.-

Articles 13 to 16 deal with certain matters relevant for ascertaining the legal system applicable.

Article 17 saves more favourable rules of recognition.

Articles 18 to 31 deal with certain miscellaneous matters, including reservations, accession to the Convention, interpretation and so on.

Recognition of Foreign Divorces Back

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