Algemene gegevens
Koninkrijksdeel
Nederland (in Europa)
Aruba
Partij
Albanië
- Ratificatie: 07-03-2013 (T)
- In werking: 06-05-2013
- Voorbehoud / verklaring: Ja
- Bezwaren: Nee
-
voorbehoud
07-03-2013
The Republic of Albania declares that the term "divorce" in the context of the Convention
has the same meaning as "marriage dissolution", provided for in the Albanian law.
In accordance with the first paragraph of article 19 of the Convention, the Republic
of Albania reserves the right to refuse to recognize a divorce or legal separation
between two spouses who, at the time of the divorce or legal separation, were nationals
of the Republic of Albania and of no other State, and a law other than that indicated
by the Albanian legislation for rules of private international law was applied, unless
the result reached is the same as that which would have been reached by applying the
law indicated by those rules.
In accordance with article 21 of the Convention, the Republic of Albania reserves
the right to refuse to recognize a legal separation when, at the time it was obtained,
one of the spouses was an Albanian national or of a Contracting State whose law did
not provide for legal separation.
In accordance with the second paragraph of article 24 of the Convention, the Republic
of Albania declares it shall apply the provisions of the Convention on the Recognition
of Divorces and Legal Separations, done prior to its date of entry into force and
reserves the right to not apply it if the application of provisions does not affect
the property rights obtained by any person prior to the entry into force of the Convention.
Australië
- Ratificatie: 24-09-1985 (T)
- In werking: 23-11-1985
- Voorbehoud / verklaring: Ja
- Bezwaren: Nee
-
voorbehoud
24-09-1985
... the Convention extends only to the legal system applicable in the Australian States
and mainland territories and Norfolk Island.
voorbehoud
21-05-1987
The Government of Australia notified the Ministry of Foreign Affairs of the Kingdom
of the Netherlands on 21 May 1987, in accordance with Article 23 of the Convention,
that the Convention shall henceforth apply to all of Australia's legal systems.
China
- Voorbehoud / verklaring: Ja
- Bezwaren: Nee
- Hongkong SAR
In werking: 01-07-1997
-
voorbehoud
16-06-1997
In accordance with the Joint Declaration of the Government of the People's Republic
of China and the Government of the United Kingdom of Great Britain and Northern Ireland
on the Question of Hong Kong signed on 19 December 1984 (hereinafter referred to as
the "Joint Declaration"), the People's Republic of China will resume the exercise
of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect
from that date, become a Special Administrative Region of the People's Republic of
China and will enjoy a high degree of autonomy, except in foreign and defence affairs
which are the responsibilities of the Central People's Government of the People's
Republic of China.
It is provided both in Section XI of Annex I to the Joint Declaration, "Elaboration
by the Govermnent of the People's Republic of China of its Basic Policies Regarding
Hong Kong", and Article 153 of the Basic Law of the Hong Kong Special Administrative
Region of the People's Republic of China, which was adopted on 4 April 1990 by the
National People's Congress of the People's Republic of China, that international agreements
to which the People's Republic of China is not a party but which are implemented in
Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.
In accordance with the above provisions, I am instructed by the Minister of Foreign
Affairs of the People's Republic of China to make the following notification:
The Convention on the Recognition of Divorces and Legal Separations done at the Hague
on 1 June 1970 (hereinafter referred to as the "Convention"), by which the Government
of the Kingdom of the Netherlands is designated as the depository, which applies to
Hong Kong at present, will continue to apply to the Hong Kong Special, Administrative
Region with effect from 1 July 1997.
Within the above ambit, responsibility for the international rights and obligations
of a party to the Convention will be assumed by the Government of the People's Republic
of China.
It would be appreciated if the contents of this Note could be placed formally on record
and brought to the attention of the other Parties to the Convention.
I avail myself of this opportunity to renew to Your Excellency the assurances of my
highest consideration.
Cyprus
- Ratificatie: 13-01-1983 (T)
- In werking: 14-03-1983
- Voorbehoud / verklaring: Ja
- Bezwaren: Nee
-
voorbehoud
13-01-1983
... the Government of the Republic of Cyprus reserves the right under para. (1) of
Article 19 to refuse to recognise a divorce or legal separation between two spouses
who, at the time of the divorce or legal separation, were both citizens of the Republic
of Cyprus and of no other State and a law other than that indicated by the rules of
Private International Law obtaining in Cyprus was applied, unless the result reached
is the same as that which would have been reached by applying the law indicated by
those rules.
Denemarken
Egypte
- Ondertekening: 08-05-1979
- Ratificatie: 21-04-1980 (R)
- In werking: 20-06-1980
Estland
- Ratificatie: 07-11-2002 (T)
- In werking: 06-01-2003
Finland
- Ondertekening: 19-11-1974
- Ratificatie: 16-06-1977 (R)
- In werking: 15-08-1977
Nederlanden, het Koninkrijk der
- Ondertekening: 29-08-1979
- Ratificatie: 23-06-1981 (R)
- In werking: 22-08-1981
Noorwegen
- Ondertekening: 12-10-1972
- Ratificatie: 15-08-1978 (R)
- In werking: 14-10-1978
Portugal
- Ondertekening: 10-05-1985
- Ratificatie: 10-05-1985 (R)
- In werking: 09-07-1985
- Macau (<20-12-1999)
In werking: 18-10-1999
Buiten werking: 20-12-1999
Zweden
- Ondertekening: 13-09-1974
- Ratificatie: 25-06-1975 (R)
- In werking: 24-08-1975
Italië
- Ondertekening: 19-02-1986
- Ratificatie: 19-02-1986 (R)
- In werking: 20-04-1986
- Voorbehoud / verklaring: Ja
- Bezwaren: Nee
-
voorbehoud
19-02-1986
The Italian Government reserves the right, in accordance with Article 19, paragraph
1, to refuse to recognize a divorce or legal separation between two spouses who, at
the time of the divorce or legal separation were nationals of Italy, and of no other
State, and a law other than that indicated by the rules of private international law
of Italy was applied, unless the result reached is the same as that which would have
been reached by applying the law indicated by those rules.
Luxemburg
- Ondertekening: 06-11-1981
- Ratificatie: 13-02-1991 (R)
- In werking: 26-05-1991
- Voorbehoud / verklaring: Ja
- Bezwaren: Nee
-
voorbehoud
13-02-1991
It is possible that a divorce or legal separation may not be recognised in cases where
the two spouses, at the time of the divorce or legal separation, were nationals of
Luxemburg and of no other State and a law other than that indicated by the rules of
private international law obtaining in Luxemburg was applied, unless the result reached
is the same as that which would have been reached by applying the law indicated by
those rules.
Moldavië
- Ratificatie: 10-10-2011 (T)
- In werking: 09-12-2011
- Voorbehoud / verklaring: Ja
- Bezwaren: Nee
-
voorbehoud
10-10-2011
According to the Article 19 paragraph (1) of the Convention, Republic of Moldova reserves
its right to refuse to recognise a divorce or legal separation between two spouses
who, at the time of the divorce or legal separation, were citizens of the Republic
of Moldova, and of no other State, if in this divorce or legal separation was applied
a law other than that indicated by the national legislation in the field of the rules
of private international law, unless the result reached is the same as that which
would have been reached by applying the national law.
According to the Article 21 of the Convention, Republic of Moldova, whose law does
not provide for legal separation, reserves the right to refuse to recognise a legal
separation when, at the time it was obtained, one of the spouses was a national of
a Contracting State whose law did not provide for legal separation.
Polen
- Ratificatie: 25-04-1996 (T)
- In werking: 24-06-1996
- Voorbehoud / verklaring: Ja
- Bezwaren: Nee
-
voorbehoud
25-04-1996
The Republic of Poland reserves the right to refuse to recognize a divorce or a legal
separation in the particular well-defined situation, in the first paragraph of Article
19.
In accordance with Article 24, the Republic of Poland reserves the right not to apply
this Convention to a divorce or to a legal separation obtained before the date on
which, in relation to the Republic of Poland, the Convention comes into force.
Slowakije
Tsjechië
Tsjechoslowakije (<01-01-1993)
- Ondertekening: 06-02-1975
- Ratificatie: 12-05-1976 (R)
- In werking: 11-07-1976
- Voorbehoud / verklaring: Ja
- Bezwaren: Nee
-
voorbehoud
06-02-1975
The Socialist Republic of Czechoslovakia reserves the right, under Article 19 of the
Convention on the Recognition of Divorces and Legal Separations concluded at The Hague
on 1 June 1970, to refuse to recognise a divorce or legal separation between two spouses
who at the time of the divorce or legal separation were nationals of the Socialist
Republic of Czechoslovakia and of no other State, and a law other than that indicated
by the rules of Czechoslovak private international law was applied, unless the result
reached is the same as that which would have been reached by applying the law indicated
by those rules.
Similarly, the Socialist Republic of Czechoslovakia reserves, under Article 24 of
the Convention, the right not to apply the Convention to a divorce or to a legal separation
obtained before the date on which it entered into force for the Socialist Republic
of Czechoslovakia.
The Socialist Republic of Czechoslovakia wishes to state, in connection with Article
29 of the Convention, which accords to any State the right to apply the Convention
to all territories for the international relations of which it is responsible, that
keeping certain countries in a state of dependence is in its opinion contrary to the
spirit and objectives of the United Nations Declaration of 14 December 1960 on the
granting of independence to colonial countries and peoples, which declares the necessity
for a speedy and unconditional end to colonialism in all its forms.
Verenigd Koninkrijk
- Ondertekening: 01-06-1970
- Ratificatie: 21-05-1974 (R)
- In werking: 24-08-1975
- Voorbehoud / verklaring: Ja
- Bezwaren: Nee
- Bermuda
In werking: 20-08-1972Gibraltar
In werking: 28-01-1977Guernsey
In werking: 21-05-1974Hongkong (< 01-07-1997)
In werking: 28-01-1977
Buiten werking: 01-07-1997Jersey
In werking: 21-05-1974Man
In werking: 21-05-1974
-
voorbehoud
21-05-1974
(a) In accordance with the provisions of Article 23, the Convention shall extend to
the legal systems of the three parts of the United Kingdom, namely England and Wales,
Scotland and Northern Ireland.
(b) In accordance with the provisions of Article 24, the United Kingdom reserves the
right not to apply the Convention to a divorce or to a legal separation obtained before
the date on which, in relation to the United Kingdom, the Convention comes into force.
Nevertheless, the United Kingdom will in practice apply the provisions of the Convention
to a divorce or legal separation obtained on or after the date on which the legislation
implementing the provisions of the Convention came into force in the part of the United
Kingdom in which recognition is sought.
The United Kingdom will also apply the provisions of the Convention to a divorce or
legal separation obtained before that date, save that in such a case the application
of those provisions will not affect any property rights to which any person became
entitled before that date and those provisions will not apply where the question of
the validity of the divorce or legal separation has been decided before that date
by any competent court in the United Kingdom, the Bailiwick of Guernsey, the Bailiwick
of Jersey or the Isle of Man. The legislation implementing the provisions of the Convention
came into force in England and Wales and Scotland on the 1st of January 1972, and
in Northern Ireland on the 1st of January 1974.
voorbehoud
21-05-1974
In accordance with the provisions of Articles 24 and 25, the United Kingdom reserves
the right not to apply the Convention, in relation to the aforesaid territories, to
a divorce or to a legal separation obtained before the date on which, in relation
to those territories, the Convention comes into force. Nevertheless, the provisions
of the Convention will in practice be applied in those territories to a divorce or
legal separation obtained on or after the date on which the legislation implementing
the provisions of the Convention came into force in the territory in which recognition
is sought.
The provisions of the Convention will also be applied in that territory to a divorce
or legal separation obtained before that date, save that in such a case the application
of those provisions will not affect any property rights to which any person became
entitled before that date and those provisions will not aply where the question of
the validity of the divorce or legal separation has been decided before that date
by any competent court in the United Kingdom, the Bailiwick of Guernsey, the Bailiwick
of Jersey or the Isle of Man.
The legislation implementing the provisions of the Convention came into force in the
Bailiwick of Guernsey on the 27th of June 1972; in the Bailiwick of Jersey on the
13th of November 1973; and in the Isle of Man on the 17th of October 1972.
voorbehoud
28-01-1977
In accordance with the provisions of Articles 24 and 25, the United Kingdom reserves
the right not to apply the Convention, in relation to the afore-said territories,
to a divorce or to a legal separation obtained before the date on which, in relation
to those territories, the Convention comes into force.
Nevertheless, the provisions of the Convention will in practice be applied in those
territories to a divorce or legal separation obtained on or after the date on which
the legislation implementing the provisions of the Convention came into force in the
territory in which recognition is sought.
The provisions of the Convention will also be applied in that territory to a divorce
or legal separation obtained before that date, save that in such a case the application
of those provisions will not affect any property rights to which any person became
entitled before that date and those provisions will not apply where the question of
the validity of the divorce or legal separation has been decided before that date
by a competent court in that territory.
The legislation implementing the provisions of the Convention came into force in Gibraltar
on the 1st of November, 1974 and in Hong Kong on the 1st of April, 1972.
voorbehoud
20-08-1982
In accordance with the provisions of Articles 24 and 25, the United Kingdom reserves
the right not to apply the Convention, in relation to Bermuda, to a divorce or to
a legal separation obtained before the date on which the Convention comes into force
for Bermuda. Nevertheless the provisions of the Convention will in practice be applied
in Bermuda to a divorce or legal separation obtained on or after the date on which
the legislation implementing the provisions of the Convention came into force in Bermuda,
namely 1st August 1977.
voorbehoud
16-06-1997
Your Excellency
I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign
and Commonwealth Affairs to refer to the Convention on the Recognition of Divorces
and Legal Separations done at the Hague on 1 June 1970 (hereinafter referred to as
the Convention) which applies to Hong Kong at present.
I am also instructed to state that, in accordance with the Joint Declaration of the
Government of the United Kingdom of Great Britain and Northern Ireland and the Government
of the People's Republic of China on the Question of Hong Kong signed on 19 December
1984, the Government of the United Kingdom will restore Hong Kong to the People's
Republic of China with effect from 1 July 1997. The Government of the United Kingdom
will continue to have international responsibility for Hong Kong until that date.
Therefore, from that date the Government of the United Kingdom will cease to be responsible
for the international rights and obligations arising from the application of the Convention
to Hong Kong.
I should be grateful if the contents of this Note could be placed formally on record
and brought to the attention of the other Parties to the Convention.
Zwitserland
- Ondertekening: 23-07-1975
- Ratificatie: 18-05-1976 (R)
- In werking: 17-07-1976
- Voorbehoud / verklaring: Ja
- Bezwaren: Nee
-
voorbehoud
18-05-1976
In conformity with Article 24, paragraph 2, of the Convention, Switzerland reserves
the right not to apply the Convention to a divorce or to a legal separation obtained
before the date on which it entered into force for Switzerland.
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