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The Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014 No. 543

PART 2Jurisdiction

Jurisdiction

2.  The court has jurisdiction in proceedings for the divorce of, or annulment of the marriage of, a same sex couple or for the judicial separation of a married same sex couple where—

(a)both spouses are habitually resident in England and Wales;

(b)both spouses were last habitually resident in England and Wales and one of the spouses continues to reside there;

(c)the respondent is habitually resident in England and Wales;

(d)the petitioner is habitually resident in England and Wales and has resided there for at least one year immediately preceding the presentation of the petition;

(e)the petitioner is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately preceding the presentation of the petition; or

(f)both spouses are domiciled in England and Wales.

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