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Law Working Papers

Welcome to the University of Stirling Law Working Papers series. The series has been established to provide its legal academics, doctoral students and visiting researchers working in all areas of law with the opportunity to disseminate their research to encourage discussion. The papers are published electronically.

For general enquiries about submitting a working paper please contact Dr Jayne Holliday.

The urgent need for the UK to accept the accessions of EU and Non-EU Contracting Parties to the 1970 Hague Convention on Recognition of Divorces and Legal Separation.' (Working Paper 2019/1)

Author(s): Jayne Holliday
Date: October 2019
Abstract: In contrast to the visible preparation for a no deal Brexit that has been undertaken by the Ministry of Justice to ensure the UK's continued participation to the 2007 Hague Maintenance Convention and the 2005 Hague Choice of Court Convention, there has been a surprising lack of preparation in relation to the 1970 Hague Convention on Recognition of Divorce and Legal Separation. The 1970 Divorce Convention has 20 Contracting States, with the UK being one. However, at present, the UK has yet to accept the accessions of four of the Contracting States; Albania, Estonia, the Republic of Moldova and Poland. If these accessions are accepted it will maximise the utility of the Convention for the UK if there is a no deal Brexit. Failure to do so means that the UK is not fulfilling its obligations to prepare for such a situation. This paper recommends that the UK accepts these accessions as a matter of urgency.

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