Statutory Instruments

2014 No. 543

Judgments, England And Wales

Family Law, England And Wales

The Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014

Made

6th March 2014

Coming into force

13th March 2014

^M1 The Lord Chancellor makes the following Regulations in exercise of the powers conferred by paragraph 5 of Schedule A1 to the Domicile and Matrimonial Proceedings Act 1973 . In accordance with paragraph 5(6) of Schedule A1 to that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 Introductory

Citation, commencement and extent

1. —(1) These Regulations may be cited as the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014 and shall come into force on 13th March 2014.

(2) These Regulations extend to England and Wales only.

PART 2 Jurisdiction

Jurisdiction

2. The court has jurisdiction in proceedings for the divorce of, or annulment of the marriage of, a same sex couple or for the judicial separation of a married same sex couple where [^F1 on the date of the application ^F1] —

(a) [^F2 both parties to the marriage ^F2] are habitually resident in England and Wales;

(b) [^F3 both parties to the marriage ^F3] were last habitually resident in England and Wales and one of [^F4 them ^F4] continues to reside there;

[^F5 (ca) in a joint application only, either of the parties to the marriage is habitually resident in England and Wales; ^F5]

(d) the [^F6 applicant ^F6] is habitually resident in England and Wales and has resided there for at least one year immediately [^F7 before the application was made ^F7] ;

(e) the [^F8 applicant ^F8] is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately [^F9 before the application was made ^F9] ; or

(f) [^F10 both parties to the marriage ^F10] are domiciled in England and Wales.

PART 3 Recognition and Refusal of Recognition of Judgments

Interpretation and application of Part 3

^F11 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recognition of a judgment

^F11 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Refusal of recognition of a judgment

^F11 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jurisdiction and review

^F11 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F11 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Differences in applicable law

^F11 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stay of proceedings

^F11 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed by authority of the Lord Chancellor

Simon Hughes

Minister of State

Ministry of Justice

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

in force

Provision is in force

in force*

In force only for specified purposes (see footnote)

not in force

Not in force in England (may be in force in other geographies, see footnotes)

defined term

Defined term

_dfn

Defined term (alternative style)

footnote	commentary	related provisions	insert/omit
F1	Words in reg. 2 inserted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 6(2)(a) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F2	Words in reg. 2(a) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 6(2)(b) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F3	Words in reg. 2(b) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 6(2)(b) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F4	Word in reg. 2(b) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 6(2)(c) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F5	Reg. 2(ca) inserted (6.4.2022) by The Divorce, Dissolution and Separation Act 2020 (Consequential Amendments) Regulations 2022 (S.I. 2022/237) , reg. 1(2) , Sch. para. 8 ; S.I. 2022/283 , reg. 2		inserted
F6	Word in reg. 2(d) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 6(2)(d) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F7	Words in reg. 2(d) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 6(2)(e) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F8	Word in reg. 2(e) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 6(2)(d) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F9	Words in reg. 2(e) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 6(2)(e) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F10	Words in reg. 2(f) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 6(2)(b) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F11	Regs. 3-9 omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 6(3) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F11	Regs. 3-9 omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 6(3) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F11	Regs. 3-9 omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 6(3) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F11	Regs. 3-9 omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 6(3) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F11	Regs. 3-9 omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 6(3) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F11	Regs. 3-9 omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 6(3) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F11	Regs. 3-9 omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 6(3) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
M1	1973 c. 45 . Schedule A1 was inserted by Schedule 4 to the Marriage (Same Sex Couples) Act 2013 (c.30) .