Section 7Part 0 —
Foreign decrees
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The Court will recognise the decree or order of a foreign court or other legally effective proceeding with reference to the marital status, or civil status, of the parties to a marriage, or civil partnership, where, irrespective of whether the grounds for the making of such decree or order would, in the Islands, be grounds for making a similar decree or order, the Court is satisfied that with respect to the country within which the foreign court has jurisdiction either spouse, or civil partner, was at the date of the petition giving rise to the proceedings (whether in the first instance for legal separation or divorce) and culminating in such decree or order —
habitually resident in that country;
a national of that country; or
domiciled in that country under the law relating to domicile there appertaining,
and the Court is satisfied that the foreign court, tribunal or authority was competent in that country to make the decree or order or other legally effective pronouncement —
Provided that the validity of such decree or order of a foreign court granting a divorce or judicial separation shall not be recognised in the Islands if it was granted at a time when, according to the law of the Islands, there was no subsisting marriage, or civil partnership, between the parties:
Provided further that recognition by virtue of this section may be refused if such decree or order was obtained by one spouse, or civil partner —
without such steps having been taken for giving notice of the proceedings to the other spouse, or civil partner, as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken; or
without the other spouse, or civil partner, having been given such opportunity to take part in the proceedings as, having regard to the matters aforesaid, should reasonably have been given,
or recognition would manifestly be contrary to public policy.
Where the validity of a decree of divorce pronounced by a foreign court is entitled to recognition by virtue of subsection (1) neither spouse, or civil partner, shall be precluded from re-marriage, or a new civil partnership, in the Islands on the grounds that the validity of the divorce would not be recognised in some other country.
Nothing in this section shall be construed as requiring the recognition of any finding of fact made in the proceedings of the foreign court other than findings of fact upon which the jurisdiction was assumed, which latter findings shall be binding upon the Court.