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Report No. 65

VI. Miscellaneous

10.28. Sections 9-10 of the English Act.-

Section 9 and section 10(1) and section 10(2) of the English Act are not material for our purposes.

Section 10(3) of that Act defines "country" as follows-

"(3) In this Act, "country" includes a colony or other dependent territory of the United Kingdom, but, for the purposes of this Act, a person shall be treated as a national of such a territory only if it has a law of citizenship or nationality separate from that of the United Kingdom and he is a citizen or national of that territory under that law."

Section 10(4) of the English Act reads-

"(4) The provisions of this Act relating to overseas divorces and legal separations and other divorces and legal separations obtained outside the British Isles apply to a divorce or legal separation obtained before the date of the commencement of those provisions as well as to one obtained on or after that date and, in the case of a divorce or legal separation obtained before that date-

(a) require, or, as the case may be, preclude, the recognition of its validity in relation to any time before that date as well as in relation to any subsequent time; but

(b) do not affect any property rights to which any person became entitled before that date or apply where the question of the validity of the divorce of legal separation has been decided- by any competent court in the British Isles before that date."

This, in short, is a brief survey of the Act.

Recognition of Foreign Divorces Back

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