Civil Partnership Act 2004

Section 235: Grounds for recognition

456. Subsection (1) provides for recognition of the validity of an overseas dissolution, annulment or legal separation obtained by proceedings if:

(a)

it is effective under the law of the country where it was obtained, and

(b)

at the relevant date (which is defined by subsection (3)) either civil partner was habitually resident or domiciled there or was a national of that country.

457. Subsection (2) provides for recognition of the validity of an overseas dissolution, annulment or legal separation obtained otherwise than by proceedings if:

(a)

it is effective under the law of the country where it was obtained,

(b)

at the relevant date:

• both civil partners were domiciled there; or

• either civil partner was domiciled there and the other was domiciled in a country under the law of which the dissolution etc. is recognised as valid, and

(c)

neither civil partner was habitually resident in the United Kingdom for the year immediately before the relevant date.

458. Subsection (3) defines the “relevant date”. In the case of an overseas dissolution etc. obtained by means of proceedings, the relevant date is defined as the date the proceedings were commenced; in the case of an overseas dissolution etc. otherwise than by proceedings, the relevant date is defined as the date the dissolution etc. was obtained.