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Recognition of Divorces and Legal Separations Act


Published: 1976

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Recognition of Divorces and (CAP. 370 1
Legal Separations

CHAPTER 370

THE RECOGNITION OF DIVORCES AND LEGAL
SEPARATIONS ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Transitional provisions.
4. Recognition in Antigua and Barbuda of divorces and

judicial separations granted in certain territories.
5. Recognition in Antigua and Barbuda of other divorces

and legal separations.
6. Grounds for recognition.
7. Cross-proceedings and divorces following legal

separations.
8. Proof of facts relevant to recognition.
9. Certain existing rules of recognition to continue in force.

10. Non-recognition of divorce by a third country no bar
to re-marriage.

11. Exceptions from recognition.
SCHEDULE

LAWS OF ANTIGUA AND BARBUDA

Recognition of Divorces and (CAP. 370 3
Legal Separations

RECOGNITION O F DIVORCES AND LEGAL
SEPARATIONS

(1st January, 1976.) 2511975.

1. This Act may be cited as the Recognition of short title.
Divorces and Legal Separations Act.

2. In this Act unless the context otherwise requires- Interpretation.

"legal separation" shall include judicial separation;

"section" means section of this Act.

3. The provisions of this Act relating to divorces and provisions. T an itional
legal separations obtained outside Antigua and Barbuda apply
to a divorce or legal separation obtained before the date of
the commencement of these provisions as well as to one
obtained on or after that date and, in the case of a divorce
or legal separation obtained before that date-

( a ) shall govern recognition of its validity or other-
wise in relation to any time before that date as well as
in relation to any subsequent time; but

(b) do not affect any property rights to which any
person became entitled before that date or apply where
the question of the validity of the divorce or legal separa-
tion has been decided by any competent court in Antigua
and Barbuda before that date.

4. Subject to section 11, the validity of a decree of i:;~.$,";in
divorce or judicial separation granted after the commence- ~ ~ ~ b ~ d ~ of
ment of this Act shall, if it was granted under the law of :$;;;: and
any of the territories listed in the Schedule hereto be
recognised in Antigua and Barbuda. granted in

certain
territories.

5 . Sections 6 to 8 shall have effect, subject to sec- iz$f,"din
tion 11, as respects the recognition in Antigua and Barbuda Barbuda of other
of the validity of divorces and legal separations which- f ~ ~ ~ ~ p ? $ i o n s .

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 370) Recognition of Divorces and
Legal Separations

(a) have been obtained by means ofjudicial or other
proceedings in any country outside the territories listed
in the Schedule hereto; and

, (b) are effective under the law of that country

Grounds for
recognition.

6. (1) The validity of a divorce or legal separation
granted in a territory other than those listed in the Schedule
hereto, hereinafter called a "foreign divorce or legal separa-
tion", shall be recognized if, at the date of the institution
of the proceedings in the country in which it was obtained-

(a) either spouse was habitually resident in that
country; or

(b) either spousemas a national of that country.

(2) In relation to a country the law of which uses the
concept of domicile as a ground of jurisdiction in matters
of divorce or legal separation, subsection (1) (a) shall have
effect as if the reference to habitual residence included a
reference to domicile within the meaning of that law.

(3) In relation to a country comprising territories in
which different systems of law are in force in matters of
divorce or legal separation, the foregoing provisions of this
section (except those relating to nationality), shall have effect
as if each territory were a separate country.

Cross-pr0ceedings 7. (1) Where there have been cross-proceedings, the
and divorces
fo~o,;ns l e g validity of a foreign divorce or legal separation obtained either
separations. in the original proceedings or in the cross-proceedings shall

be recognised if the requirements of section 6 (1) (a) or (b)
are satisfied in relation to the date of the institution either
of the original proceedings or of the cross-proceedings.

(2) Where a legal separation the validity of which is
entitled to recognition by virtue of the provisions of section 6
or of subsection (1) is converted, in the country in which
it was obtained, into a divorce, the validity of the divorce
shall be recognised whether or not it would itself be entitled
to recognition by virtue of those provisions.

LAWS OF ANTIGUA AND BARBUDA

Recognition of Divorces and (CAP. 370 5
Legal Separations

8. (1) For the purpose of deciding whether a foreign Proof of facts
relevant to

divorce or legal separation is entitled to recognition by vir- recognition.
tue of the foregoing provisions of this Act, any finding of
fact made (whether expressly or by implication) in the pro-
ceedings by means of which the divorce or legal separation
was obtained and on the basis of which jurisdiction was
assumed in those proceedings shall-

(a) if both spouses took part in the proceedings,
be conclusive evidence of the fact found; and

(b) in any other case, be sufficient proof of that
fact unless the contrary is shown.

(2) In this section "finding of fact" includes a finding
that either spouse was habikally resident or domiciled in,
or a national of, the country in which the divorce or legal
separation was obtained; and for the purposes of subsec-
tion (1) (a) a spouse who has appeared in judicial proceedings
shall be treated as having taken part in them.

9. This Act is without prejudice to the recognition Certain existing
rules of of the validity of divorces and legal separations obtained out- ,cognition to

side Antigua and Barbuda- continue in
force.

(a) by virtue of any rule of law relating to divorces
or legal separations obtained in the country of the
spouses' domicile or obtained elsewhere and recognised
as valid in that country;

(b) by virtue of any enactment other than this Act,
but, save as aforesaid, no such divorce or legal separation
shall be recognised as valid in Antigua and Barbuda except
as provided in this Act.

10. Where the validity of a divorce obtained in any ~;~;~~f"~;" ,"
country is entitled to recognition by virtue of the foregoing third country no
provisions of this Act or by virtue of any rule or enactment bar to

re-marriage.
preserved by section 9, neither spouse shall be precluded from
re-marrying in Antigua and Barbuda on the ground that
the validity of the divorce would not be recognised in any
other country.

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 370) Recognition of Divorces and
Legal Separations

Exceptions from
recognition.

11. (1) The validity of a decree of divorce or judicial
separation obtained outside Antigua and Barbuda shall not
be recognised in Antigua and Barbuda if it was granted or
obtained at a time when, according to the law of Antigua
and 'Barbuda (including the rules of private international law
and the provisions of this Act), there was no subsisting mar-
riage between the parties.

(2) Subject to subsection (1) hereof recognition by vir-
tue of this Act or of any rule preserved by section 9 of the
validity of a divorce or legal separation obtained outside
Antigua and Barbuda may be refused if, and only if-

(a) it was obtained by one spouse-

(i) without such steps having been taken for giv-
ing notice of the proceedings to the other
spouse as, having regard to the nature of the
proceedings and all the circumstances, should
reasonably have been taken; or

(ii) without the other spouse having been given
(for any reason other than lack of notice) such
opportunity to take part in the proceedings as,
having regard to the matters aforesaid, he
should reasonably have been given; or

(6) its recognition would manifestly be contrary to public
policy.

(3) Nothing in this Act shall be construed as requiring
the recognition of any findings of fault made in any pro-
ceedings for divorce or separation or of any maintenance,
custody or other ancillary order made in any such
proceedings.

LAWS OF ANTIGUA AND BARBUDA

Recognition of Divorces and (CAP. 370 7
Legal Separations

- - -

SCHEDULE

1. Anguilla.

2. Barbados.

3. British Virgin Islands.

4. Dominica.

5. Grenada.

6. Guyana.

7. Montserrat .

8. St. Christopher and Nevis.

9. St. Lucia.

10. St. Vincent and the Grenadines.

11. Trinidad and Tobago.

12. United Kingdom of Great Britain and Northern Ireland.