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Recognition of certain divorces, legal separations and marriage annulments granted in United Kingdom or Gibraltar on or after coming into operation of section
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126. (1) This section shall apply to a divorce, legal separation or marriage annulment granted under the law of a relevant jurisdiction on or after the coming into operation of this section.
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(2) A divorce, legal separation or marriage annulment to which this section applies shall, subject to subsection (3), be recognised if, at the date of the institution of the proceedings relating to the divorce, legal separation or marriage annulment concerned, at least one of the following requirements is satisfied:
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(a) the spouses were habitually resident in a relevant jurisdiction;
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(b) the spouses were last habitually resident in a relevant jurisdiction, insofar as one of them still resided there;
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(c) the respondent was habitually resident in a relevant jurisdiction;
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(d) the applicant—
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(i) was habitually resident in a relevant jurisdiction, and
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(ii) had resided there for at least a year immediately prior to that date;
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(e) either of the spouses was domiciled in a relevant jurisdiction.
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(3) A divorce, legal separation or marriage annulment to which this section applies shall not be recognised—
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(a) if such recognition is manifestly contrary to public policy,
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(b) where the judgment in the proceedings relating to the divorce, legal separation or marriage annulment concerned (“the relevant judgment”) was given in default of appearance, if the respondent was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable the respondent to arrange for his or her defence unless it is determined that the respondent has accepted the judgment unequivocally,
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(c) if the relevant judgment is irreconcilable with a judgment given in proceedings between the same parties in the State, or
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(d) if the relevant judgment is irreconcilable with an earlier judgment given in a state other than the State between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the State.
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