The Hague Convention on the Recognition of Divorces and Legal Separations 1970: An Effective Mechanism for Regulating Divorce as between the UK and EU Post-Brexit?

This article examines the potential of the 1970 Hague Convention on the Recognition of Divorces and Legal Separations to act as a replacement for Brussels IIa in regulating international divorce as between the UK and the EU. The article proceeds in two steps: first, there is a doctrinal analysis of the 1970 Hague Convention and of its merits and demerits by comparison with Brussels IIa, and secondly, there is a discussion of empirical research undertaken at the University of Aberdeen in conjunction with partner universities in six EU Member States, examining the practical utility of the Convention in Contracting States, and the treatment of international divorce in non-Contracting States. Insofar, as the 1970 Hague Convention is currently applicable in only 12 out of the 27 EU Member States, the article also discusses the likelihood of EU-wide adoption of the Convention. The article concludes that the 1970 Hague Convention has aged relatively well and, on the whole, offers a satisfactory alternative mechanism for the regulation of international divorce in the UK-EU context; however, the article also acknowledges the liberalism of many existing national laws on divorce recognition, suggesting that EU-wide adoption (if it occurs) might not have a very significant impact.