PART VMiscellaneous and General

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.