
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
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
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(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
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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 on the date of the application —
(a) both parties to the marriage  are habitually resident in England and Wales;
(b) both parties to the marriage  were last habitually resident in England and Wales and one of  them  continues to reside there;
(c) the respondent is habitually resident in England and Wales;
(ca) in a joint application only, either of the parties to the marriage is habitually resident in England and Wales;
(d) the  applicant  is habitually resident in England and Wales and has resided there for at least one year immediately  before the application was made;
(e) the  applicant  is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately  before the application was made; or
(f) both parties to the marriage  are domiciled in England and Wales.
PART 3 Recognition and Refusal of Recognition of Judgments
Interpretation and application of Part 3
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Recognition of a judgment
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Refusal of recognition of a judgment
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Jurisdiction and review
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Differences in applicable law
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Stay of proceedings
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Signed by authority of the Lord Chancellor
Simon Hughes

Minister of State

Ministry of Justice
