Family Law Act 1986

52 Provisions as to divorces, annulments etc. obtained before commencement of Part II. U.K.

(1) The provisions of this Part shall apply—

(a) to a divorce, annulment or judicial separation granted by a court of civil jurisdiction in the British Islands before the date of the commencement of this Part, and

(b) to an overseas divorce, annulment or legal separation obtained before that date,

as well as to one granted or obtained on or after that date.

(2) In the case of such a divorce, annulment or separation as is mentioned in subsection (1)(a) or (b) above, the provisions of this Part shall 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 those provisions shall not—

(a) affect any property to which any person became entitled before that date, or

(b) affect the recognition of the validity of the divorce, annulment or separation if that matter has been decided by any competent court in the British Islands before that date.

(3) Subsections (1) and (2) above shall apply in relation to any divorce or judicial separation granted by a court of civil jurisdiction in the British Islands before the date of the commencement of this Part whether granted before or after the commencement of section 1 of the M1 Recognition of Divorces and Legal Separations Act 1971.

(4) The validity of any divorce, annulment or legal separation mentioned in subsection (5) below shall be recognised in the United Kingdom whether or not it is entitled to recognition by virtue of any of the foregoing provisions of this Part.

(5) The divorces, annulments and legal separations referred to in subsection (4) above are—

(a) a divorce which was obtained in the British Islands before 1st January 1974 and was recognised as valid under rules of law applicable before that date;

(b) an overseas divorce which was recognised as valid under the Recognition of Divorces and Legal Separations Act 1971 and was not affected by section 16(2) of the Domicile and M2 Matrimonial Proceedings Act 1973 (proceedings otherwise than in a court of law where both parties resident in United Kingdom);

(c) a divorce of which the decree was registered under section 1 of the M3 Indian and Colonial Divorce Jurisdiction Act 1926;

(d) a divorce or annulment which was recognised as valid under section 4 of the M4 Matrimonial Causes (War Marriages) Act 1944; and

(e) an overseas legal separation which was recognised as valid under the M5 Recognition of Divorces and Legal Separations Act 1971.

Marginal Citations

M1 1971 c. 53.

M2 1973 c. 45.

M3 1926 c. 40.

M4 1944 c. 43.

M5 1971 c. 53