Recognition of a divorce obtained before a religious court in a third country.
Normative references
Art. 9 EUCFR
Regulation No 1259/2010, implementing enhanced cooperation in the area of the law applicable to divorce and legal separation
Ruling
The divorce resulting from a declaration made by one of the spouses before a religious court does not come within the substantive scope of that regulation Regulation No 1259/2010, implementing enhanced cooperation in the area of the law applicable to divorce and legal separation, which only applies to divorces and legal separations pronounced either by a national court or by, or under the supervision of, a public authority.
(In the instant case, the husband had declared that he wanted to divorce his wife, pronouncing the divorce formula before a Sharia Court in Syria).
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