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RS 0.211.212.3 Convention of 1er June 1970 on the recognition of divorces and body separations

Original Language Title: RS 0.211.212.3 Convention du 1er juin 1970 sur la reconnaissance des divorces et des séparations de corps

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0.211.212.3

Original text

Convention on the Recognition of Divorces and Separation of Bodies

Conclue in The Hague on 1 Er June 1970

Approved by the Federal Assembly on March 4, 1976 1

Instrument of ratification deposited by Switzerland on 18 May 1976

Entry into force for Switzerland on 17 July 1976

(State on 18 October 2013)

The States Parties to this Convention,

Desiring to facilitate the recognition of divorces and separation of bodies acquired in their respective territories,

Have resolved to conclude a Convention for this purpose and have agreed on the following provisions:

Art. 1

This Convention shall apply to the recognition, in a Contracting State, of divorces and separations of bodies which are acquired in another Contracting State as a result of judicial or other proceedings officially recognized in that State. And who have a legal effect on it.

The Convention does not apply to the provisions relating to wrongs, nor to the measures or accessory convictions handed down by the decision of divorce or the separation of bodies, in particular pecuniary penalties or the provisions relating to Child care.

Art. 2

These divorces and separations of bodies shall be recognised in any other Contracting State, subject to the other provisions of this Convention, if, at the date of application in the State of divorce or the separation of bodies (hereinafter referred to as " the State Origin "):

1.
The defendant had his habitual residence there; or
2.
The applicant was ordinarily resident there and one of the following conditions was met:
(a)
That habitual residence had lasted at least one year immediately before the date of the application;
(b)
The spouses were usually ordinarily resident together; or
3.
Both spouses were nationals of that State; or
4.
The applicant was a national of that State and one of the following conditions was also fulfilled:
(a)
The applicant had his or her habitual residence; or
(b)
There was ordinarily resident for a continuous period of one year at least partially within the two years preceding the date of the application; or
5.
The applicant for divorce was a national of that State and the following two conditions were also fulfilled:
(a)
The applicant was present in that State on the date of the application and
(b)
The spouses had, in the last place, usually resided together in a State whose law did not know the divorce on the date of the application.
Art. 3

Where jurisdiction, in matters of divorce or separation of bodies, may be based in the State of origin on the residence, the expression "habitual residence" in the art. 2 is intended to include the domicile in the sense that the term is allowed in that State.

However, the preceding paragraph does not apply to the domicile of the wife when the wife is legally attached to the residence of her husband.

Art. 4

If there has been a counterclaim, the divorce or separation of bodies on the main application or the counterclaim is recognised if either of them meets the requirements of the art. 2 or 3.

Art. 5

Where a separation of bodies, in accordance with the provisions of this Convention, has been converted into divorce in the State of origin, the recognition of divorce may not be refused on the grounds that the conditions laid down in Art. 2 or 3 were no longer filled in the divorce application.

Art. 6

Where the defendant has appeared in the proceedings, the authorities of the State where the recognition of a divorce or a separation of bodies is invoked will be bound by the findings of fact on which the jurisdiction was based.

The recognition of divorce or separation of bodies cannot be refused on the grounds of:

(a)
The internal law of the State in which such recognition is invoked would not, as the case may be, allow for divorce or the separation of bodies for the same facts; or
(b)
The application of a law other than that which would have been applicable under the rules of private international law of that State.

Subject to what would be necessary for the application of other provisions of this Convention, the authorities of the State where the recognition of a divorce or a separation of bodies is invoked shall not proceed to any examination of the Decision on the merits.

Art. 7

Any Contracting State may refuse recognition of a divorce between two spouses who, at the time when it was acquired, were exclusively nationals of States whose laws do not know the divorce.

Art. 8

If, having regard to all the circumstances, the appropriate steps have not been taken in order for the defendant to be informed of the application for divorce or separation of bodies, or if the defendant has not been placed in a position to assert his rights, The recognition of divorce or separation of bodies may be refused.

Art.

Any Contracting State may refuse the recognition of a divorce or a separation of bodies if they are incompatible with an earlier decision having as its primary purpose the marital status of the spouses, or returned to the State where the recognition is Invoked, or recognised or eligible for recognition in that State.

Art. 10

Any Contracting State may refuse the recognition of a divorce or a separation of bodies, if it is manifestly incompatible with its public order.

Art. 11

A State, which is obliged to recognize a divorce by application of this Convention, cannot prohibit remarriage to one or the other spouse on the grounds that the law of another State does not recognize the divorce.

Art. 12

In any Contracting State, proceedings may be suspended on any application for divorce or separation of bodies, if the marital status of one or other of the spouses is the subject of proceedings in another Contracting State.

Art. 13

With regard to divorces or separations of bodies acquired or relied on in Contracting States which are aware of two or more systems of law applicable in different territorial units:

1.
Any reference to the law of the State of origin refers to the law of the territory in which the divorce or the separation of bodies has been acquired;
2.
Any reference to the law of the State of recognition refers to the law of the forum; and
3.
Any reference to the domicile or residence in the State of origin refers to the domicile or residence in the territory in which the divorce or the separation of bodies has been acquired.
Art. 14

For the application of art. 2 and 3, where the State of origin is aware of divorce or the separation of two or more systems of law applicable in different territorial units:

1.
Art. 2, c. 3, applies where the two spouses were nationals of the State whose territorial unit where the divorce or the separation of the body was acquired form a part, regardless of the habitual residence of the spouses;
2.
Art. 2, c. 4 and 5 applies where the applicant was a national of the State whose territorial unit where the divorce or the separation of bodies has been acquired form a party.
Art. 15

With regard to a Contracting State which is aware of divorce or the separation of two or more systems of law applicable to different categories of persons, any reference to the law of that State shall apply to the designated system of law With the right of the latter.

Art. 16

If, for the purposes of this Convention, one must take into consideration the law of a State, contracting or not, other than the State of origin or recognition, which knows in the matter of divorce or the separation of two or more bodies Systems of territorial or personal application, reference should be made to the system designated by the law of that State.

Art. 17

This Convention shall not prevent in a Contracting State the application of rules of law which are more favourable to the recognition of divorces and separations of bodies acquired abroad.

Art. 18

This Convention shall not affect the application of other conventions to which one or more Contracting States are or will be Parties and contain provisions on matters dealt with in this Convention.

The Contracting States shall, however, ensure that they do not conclude other conventions in this field, which are incompatible with the terms of this Convention, unless there are specific reasons derived from regional or other links; Provisions of such Conventions, the Contracting States undertake to recognise, under this Convention, the divorces and separations of bodies acquired in Contracting States which are not Parties to those Conventions.

Art. 19

Any Contracting State may, no later than at the time of ratification or accession, reserve the right to:

1.
Not to recognise a divorce or a separation of bodies between two spouses who, at the time when it was acquired, were exclusively its nationals, when a law other than that designated by its private international law has been applied, unless That this application did not result in the same result as had been observed in the last Act;
2.
Not to recognise a divorce between two spouses who, at the time when they were acquired, had their habitual residence in states which did not know the divorce. A State which makes use of the reservation provided for in this paragraph shall not refuse recognition by application of Art. 7.
Art.

Any Contracting State whose law does not know the divorce may, at the latest at the time of ratification or accession, reserve the right not to recognise a divorce if, at the time it was acquired, one of the spouses was A national of a State whose law did not have a divorce.

This reservation will have effect only as long as the law of the State which has made use of it does not have a divorce.

Art.

Any Contracting State whose law does not know the separation of bodies may, at the latest at the time of ratification or accession, reserve the right not to recognise a separation of bodies if, at the time of its acquisition, Of the spouses was a national of a Contracting State whose law did not know the separation of bodies.

Art.

Any Contracting State may declare at any time that certain categories of persons who have their nationality may not be considered as nationals for the purposes of this Convention.

Art.

Any Contracting State which includes, in respect of divorce or separation of bodies, two or more systems of law, may at the time of signature, ratification or accession declare that this Convention shall extend to all such Systems of law or only one or more of them, and may, at any time, amend this declaration by making a new declaration.

These declarations shall be notified to the Ministry of Foreign Affairs of the Netherlands and shall state expressly the systems of law to which the Convention applies.

Any Contracting State may refuse to recognise a divorce or a separation of bodies if, on the date on which recognition is invoked, the Convention is not applicable to the system of rights under which they were acquired.

Art. 24

This Convention shall apply irrespective of the date on which the divorce or the separation of bodies has been acquired.

However, any Contracting State may, no later than at the time of ratification or accession, reserve the right not to apply this Convention to a divorce or a separation of bodies acquired before the date of its entry into force For this state.

Art. 25

Any State may, no later than at the time of ratification or accession, make one or more of the reservations provided for in Art. 19, 20, 21 and 24 of this Convention. No other reserves will be permitted.

Any Contracting State may also, by notifying an extension of the Convention in accordance with Art. 29, make one or more of these reservations with effect limited to the territories or some of the territories covered by the extension.

Any Contracting State may, at any time, withdraw a reservation it has made. The withdrawal will be notified to the Ministry of Foreign Affairs of the Netherlands.

The effect of the reservation shall cease on the sixtieth day after the notification referred to in the preceding paragraph.

Art. 26

This Convention shall be open for signature by the States represented at the Eleventh Session of the Hague Conference on Private International Law.

It will be ratified and the instruments of ratification will be deposited with the Ministry of Foreign Affairs of the Netherlands.

Art. 27

This Convention shall enter into force on the sixtieth day after the deposit of the third instrument of ratification provided for in Art. 26, para. 2.

The Convention shall enter into force, for each signatory State ratifying subsequently, on the sixtieth day after the deposit of its instrument of ratification.

Art. 28

Any State not represented at the Eleventh Session of the Hague Conference on Private International Law which is a Member of that Conference or of the United Nations or of a specialized agency of the United Nations or a Party to the Statute of the Court International justice 1 May accede to this Convention after its entry into force under Art. 27, para. 1.

The instrument of accession will be deposited with the Ministry of Foreign Affairs of the Netherlands.

The Convention shall enter into force, for the acceding State, on the sixtieth day after the deposit of its instrument of accession.

Accession shall have effect only in relations between the acceding State and the Contracting States which have declared their acceptance of the accession. This declaration will be filed with the Ministry of Foreign Affairs of the Netherlands, which will send a certified copy to each of the Contracting States through diplomatic channels.

The Convention will enter into force between the acceding State and the State having declared its acceptance sixty days after the deposit of the declaration of acceptance.


Art.

Any State, at the time of signature, ratification or accession, may declare that this Convention shall extend to all the territories it represents on the international level, or to one or more of them. This declaration shall have effect upon the entry into force of the Convention for that State.

Thereafter, any such extension will be notified to the Ministry of Foreign Affairs of the Netherlands.

The extension will only have effect in relations with the Contracting States which have declared their acceptance of this extension. This declaration will be filed with the Ministry of Foreign Affairs of the Netherlands, which will send a certified copy to each of the Contracting States through diplomatic channels.

The extension will produce its effects in each case 60 days after the deposit of the declaration of acceptance.

Art.

This Convention shall be for a period of five years from the date of its entry into force in accordance with Article 27 (1), even for those States which have ratified or acceded to it subsequently.

The Convention will be renewed tacitly in five years, except denunciation.

The denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands at least six months before the expiry of the five-year period.

It may be limited to certain territories to which the Convention applies.

The denunciation shall have effect only in respect of the State which has notified it. The Convention shall remain in force for the other Contracting States.

Art.

The Ministry of Foreign Affairs of the Netherlands shall notify the States referred to in Art. 26, as well as to States which have acceded in accordance with the provisions of Art. 28:

(a)
The signatures and ratifications referred to in Art. 26;
(b)
The date on which this Convention enters into force in accordance with the provisions of Art. 27, para. 1;
(c)
The accessions provided for in s. 28 and the date on which they will have effect;
(d)
The extensions provided for in s. 29 and the date on which they will have effect;
(e)
Denunciations provided for in Art. 30;
(f)
Reserves and withdrawals of reserves referred to in s. 19, 20, 21, 24 and 25;
(g)
The declarations referred to in Art. 22, 23, 28 and 29.

In witness whereof, The undersigned, duly authorized, have signed this Convention.

Done at The Hague, on the first of June 1970, in English and in French, the two texts being equally authentic, in a single copy, which shall be deposited in the archives of the Government of the Netherlands and of which a certified copy shall be furnished, by the way Diplomatic, to each of the States represented at the Eleventh Session of the Hague Conference on Private International Law.

(Suivent signatures)

Scope of application on 18 October 2013 2

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

Albania * A

7 March

2013 A

12 October

2013

Australia * A

24 September

1985 A

13 April

1986

China

Hong Kong B

June 16

1997

1 Er July

1997

Cyprus * A

13 January

1983 A

14 November

1983

Denmark *

25 June

1975

August 24

1975

Egypt

April 21

1980

20 June

1980

Estonia A

7 November

2002 A

March 29

2008

Finland

June 16

1977

August 15

1977

Italy *

19 February

1986

20 April

1986

Luxembourg *

13 February

1991

April 14

1991

Moldova * A

10 October

2011 A

9 September

2013

Norway

August 15

1978

14 October

1978

Netherlands *

23 June

1981

22 August

1981

Aruba A

28 May

1986 A

March 29

2008

Poland * A

April 25

1996 A

March 29

2008

Portugal

10 May

1985

July 9

1985

Czech Republic *

28 January

1993 S

1 Er January

1993

United Kingdom *

21 May

1974

August 24

1975

Bermuda * A

August 20

1982 A

February 11

1983

Gibraltar * A

5 April

1977 A

4 June

1977

Guernsey * A

3 March

1978 A

2 May

1978

Isle of Man * A

3 March

1978 A

2 May

1978

Jersey * A

3 March

1978 A

2 May

1978

Slovakia *

April 26

1993 S

1 Er January

1993

Sweden

25 June

1975

August 24

1975

Switzerland *

18 May

1976

17 July

1976

*

Reservations and declarations.

Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be consulted at the Internet site of the Hague Conference: http://hcch.e-vision.nl/index_fr.php or obtained from the Directorate of International Public Law (DDIP), International Treaty Section, 3003 Berne.

A

Accession shall be subject to the acceptance procedure. The date of entry into force is between Switzerland and that State Party or territory.

B

From 4 June 1977 to 30 June 1997, the Convention was applicable to Hong Kong on the basis of a territorial extension of the United Kingdom. From 1 Er July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. According to the Chinese declaration of 3 June 1997, the Convention is also applicable to the Hong Kong SAR from 1 Er July 1997.

Reservations and declarations

Switzerland 3

In accordance with Art. 24, para. 2, of the Convention, Switzerland reserves the right not to apply the Convention to a divorce or a separation of bodies acquired before the date of its entry into force for Switzerland.


RO 1976 1546; FF 1975 II 1381


1 RO 1976 1544
2 RO 2005 999 , 2011 2229, 2013 2711 3559. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
3 Art. 1 al. 1 AF of March 4, 1976 (RO 1976 1544)


Status on October 18, 2013