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II SÉRIE — NÚMERO 19

have resolved to conclude a convention to this effect, and have agreed on the following provisions:

ARTICLE 1

The present Convention shall apply to the recognition in one Contracting State of divorces and legal separations obtained in another Contracting State which follow judicial or other preceedings officially recognized in that State and which are legally effective there.

The Convention does not apply to findings of fault or to ancillary orders pronounced on the making of a decree of divorce or legal separation; in particular, it does not apply to orders relating to pecuniary obligations or to the custody of children.

ARTICLE 2

Such divorces and legal separations shall be recognized in all other Contracting States, subject to the remaining terms of this Convention, if at the date of the institution of the proceedings.in the State of the divorce or legal separation (hereinafter called «the State of origin»):

1) The respondent had his habitual residence

there; or

2) The petitioner had his habitual residence there

and one of the following further conditions was fulfilled:

a) Such habitual residence had continued

for not less than one year immediately prior to the institution of proceedings;

b) The spouses last habitually resided

there together; or

3) Both spouses were nationals of that State; or

4) The petitioner was a national of that State

and one of the following further conditions was fulfilled:

a) The petitioner had his habitual resi-

dence there; or

b) He had habitually resided there for

a continuous period of one year falling, at least in part, within the two years preceding the institution of the proceedings; or

5) The petitioner for divorce was a national of

that State and both the following further conditions were fulfilled:

a) The petitioner was present in that

State at the date of institution of the proceedings, and

b) The spouses last habitually resided to-

gether in a State whose law, at the date of institution of the proceedings, did not provide for divorce.

ARTICLE 3

Where the State of origin uses the concept of domicile as a test of jurisdiction in matters of divorce or legal separation, the expression «habitual residence* in article 2 shall be deemed to include domicile as the term is used in that State.

Nevertheless, the preceding paragraph shall not apply to the domicile of dependence of a wife.

ARTICLE 4

Where there has been a cross-petition, a divorce or legal separation following upon the petition or cross-petition shall be recognized if either falls within the terms of articles 2 or 3.

ARTICLE 5

Where a legal separation complying with the terms of this Convention has been converted into a divorce in the State of origin, the recognition of the divorce shall not be refused for the reason that the conditions stated in articles 2 or 3 were no longer fulfilled at the time of the institution of the divorce proceedings.

ARTICLE 6

Where the respondent has appeared in the proceedings, the authorities of the State in which recognition of a divorce or legal separation is sougnt shall be bound by the findings of fact on which jurisdiction was assumed.

The recognition of a divorce or legal separation shall not be refused:

a) Because the internal law of the State in which

such recognition is sought would not allow divorce or, as the case may be, legal separation upon the same facts, or

b) Because a law was applied other than that

applicable under the rules of private international law of that State.

Without prejudice to such review as may be necessary for the application of other provisions of this Convention, the authorities of the State in which recognition of a divorce or legal separation is sougth shall not examine the merits of the decision.

ARTICLE 7

Contracting States may refuse to recognize a divorce when, at the time it was obtained, both the parties were nationals of States which did not provide for divorce and of no other State.

ARTICLE 8

If, in the light of all the circumstances, adequate steps were not taken to give notice of the proceedings for a divorce or legal separation to the respondent,