Recognition of overseas divorces

Advising on the recognition of overseas divorces is an increasingly common—and often decisive—issue in practice. Whether a foreign divorce is recognised in England and Wales can have significant consequences, and the rules are not always straightforward. This session provides a clear, practical overview of the key principles under the Family Law Act 1986 and the 1970 Hague Convention on the Recognition of Divorces and Legal Separations, including how to approach different types of divorce and cross-border scenarios.

Topics covered include:

• Why do I need to know anything about the recognition of overseas divorces?
• What is the law?
  • 1970 Hague Convention on the Recognition of Divorces and Legal Separations
  • Family Law Act 1986 s45-54
• The starting point – s46 FLA 1986
• What is a divorce “by means of proceedings”?
• What is a divorce “otherwise than by means of proceedings”?
• Cross border divorces