§ 6. Mr. Allighan
asked the Attorney-General whether he is aware that British citizens who have married Americans in the U.S.A. and have been divorced in the U.S. courts, may not remarry in England, since the divorce is not recognised, although the other partner may contract a legal second marriage in the U.S.A.; and if he will introduce legislation to remedy this position.
Generally speaking, a decree of divorce pronounced in a foreign country is recognised in our Courts as valid if the parties are domiciled in that foreign country. Such a decree, therefore, pronounced in the U.S.A. dissolving a marriage between an American husband and a wife whose nationality of origin was British would ordinarily be recognised as valid and the wife would be free to remarry. If, however, the husband was British and not domiciled in the U.S.A. the decree would not be recognised, but if grounds for divorce existed there would be nothing to prevent him taking proceedings for divorce in this country. I regret that I cannot at present hold out any hope of legislation to alter this position.