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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;

(c) the respondent is habitually resident in England and Wales;

[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

F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recognition of a judgment

F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Refusal of recognition of a judgment

F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jurisdiction and review

F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Differences in applicable law

F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stay of proceedings

F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed by authority of the Lord Chancellor

Simon Hughes

Minister of State

Ministry of Justice

Status: There are currently no known outstanding effects for the The Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014.
The Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014 (2014/543)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words 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
F2Words 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
F3Words 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
F4Word 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
F5Reg. 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. 2inserted
F6Word 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
F7Words 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
F8Word 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
F9Words 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
F10Words 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
F11Regs. 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
F11Regs. 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
F11Regs. 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
F11Regs. 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
F11Regs. 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
F11Regs. 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
F11Regs. 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
M11973 c. 45 . Schedule A1 was inserted by Schedule 4 to the Marriage (Same Sex Couples) Act 2013 (c.30) .
Defined TermSection/ArticleIDScope of Application
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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