| Hague Divorce Convention | |
| Long Name: | Hague Convention on the Recognition of Divorces and Legal Separations |
| Date Signed: | 1 June 1970 |
| Location Signed: | The Hague, The Netherlands |
| Date Effective: | 24 August 1975 |
| Condition Effective: | Ratification by 3 states |
| Parties: | 20[1] |
| Depositor: | Ministry of Foreign Affairs (Netherlands) |
| Languages: | English and French |
The Hague Divorce Convention, officially Convention on the Recognition of Divorces and Legal Separations is a convention concluded by the Hague Conference on Private International Law (HCCH). It regulates the recognition of divorces and legal separations provided they have been performed according to the correct legal process in the state where the divorce was obtained. Not all divorces need to be recognized under the convention. Only those divorces obtained in a state where (at the time of the start of the proceedings);[2]
As of March 2013, 20 states were parties to the convention. The parties are all in Europe, except Australia, Egypt and Hong Kong. The convention is open to all countries. Countries that signed the convention, became a Party by subsequent ratification. Other countries can accede to the convention. When a country ratifies, it automatically becomes applicable between all countries that are party to the convention, whereas the accession only becomes applicable when the other country accepts that accession. Regarding members of the European Union (except Denmark), the Brussels II regulation (which handles conflict of law regarding divorce and parental responsibility) supersedes the convention. The UK government has stated that in the event of withdrawal from the European Union in March 2019 without a treaty, the UK would continue to use the Hague Divorce Convention to recognise overseas divorces.[3]
| Country | Signature | Ratification/Accession | Remarks | |
|---|---|---|---|---|
| Albania | ||||
| Australia | Australian States and mainland Territories and Norfolk Islands | |||
| China | Only with respect to Hong Kong | |||
| Cyprus | ||||
| Czech Republic | succession from Czechoslovakia | |||
| Denmark | ||||
| Egypt | ||||
| Estonia | ||||
| Finland | ||||
| Italy | ||||
| Luxembourg | ||||
| Moldova | ||||
| Netherlands | European territory and Aruba (since 28 May 1986) | |||
| Norway | ||||
| Poland | ||||
| Portugal | ||||
| Slovakia | succession from Czechoslovakia | |||
| Sweden | ||||
| Switzerland | ||||
| United Kingdom | Extended to Bermuda (20 August 1972), Gibraltar (28 January 1977), Guernsey, Jersey, Isle of Man (21 May 1974) |