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Domicile and Matrimonial Proceedings Act 1973

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This is the original version (as it was originally enacted).

16Non-judicial divorces

(1)No proceeding in the United Kingdom, the Channel Islands or the Isle of Man shall be regarded as validly dissolving a marriage unless instituted in the courts of law of one of those countries.

(2)Notwithstanding anything in section 6 of the [1971 c. 53.] Recognition of Divorces and Legal Separations Act 1971 (as substituted by section 2 of this Act), a divorce which—

(a)has been obtained elsewhere than in the United Kingdom, the Channel Islands and the Isle of Man; and

(b)has been so obtained by means of a proceeding other than a proceeding instituted in a court of law; and

(c)is not required by any of the provisions of sections 2 to 5 of that Act to be recognised as valid,

shall not be regarded as validly dissolving a marriage if both parties to the marriage have throughout the period of one year immediately preceding the institution of the proceeding been habitually resident in the United Kingdom.

(3)This section does not affect the validity of any divorce obtained before its coming into force and recognised as valid under rules of law formerly applicable.

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