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Title: Saint Vincent government gazette
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 Material Information
Title: Saint Vincent government gazette
Alternate Title: Government gazette
St. Vincent government gazette
Physical Description: v. : ; 35 cm.
Language: English
Creator: Saint Vincent
Publisher: G.P.O.
Place of Publication: Kingstown, St. Vincent
Kingstown St. Vincent
Publication Date: October 5, 1976
Frequency: weekly
regular
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Subject: Gazettes -- Periodicals -- Saint Vincent   ( lcsh )
Genre: federal government publication   ( marcgt )
legislation   ( marcgt )
periodical   ( marcgt )
Spatial Coverage: Saint Vincent and the Grenadines -- Saint Vincent
 Notes
Dates or Sequential Designation: v. 1, no. 1 (1868)-v. 112, no. 48 (Tues., 23 Oct. 1979)
General Note: Description based on: Vol. 111, no. 1 (Tues., 3 Jan. 1978); title from caption.
General Note: Supplements which accompany some numbers contain extraordinary issues, ordinances, statutory rules of order, etc.
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Bibliographic ID: UF00077473
Volume ID: VID01495
Source Institution: University of Florida
Holding Location: University of Florida
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Resource Identifier: oclc - 19844741
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Table of Contents
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        Page 241
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    Act No. 17 of 1976: An Act to make provision for the recognition of divorces and legal separations
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Full Text















SAINT VINCENT


GOVERNMENT


GAZETTE


publisher bj Authntrit


VOL. 109. ] SAINT VINCENT, TUESDAY, 5 OCTOBER, 1976.


GOVERNMENT NOTICES


No. 130.


APPOINTMENT


Mrs. H. P. GRIFFITH, Junior Clerk, Service
Commissions Department as Senior Clerk, Ser-
vice Commissions Department with effect from
1st October 1976.


5th October, 1976.
(PF 1196).


No. 131.


ACTING APPOINTMENT


His Excellency the Governor has been pleased
to approve the acting appointment of Mr.
STANLEY BRANCH, Manager, Housing &* Land
Development Authority, as Permanent Secre-
tary, Ministry of Health, Housing, Community






X 31.t<.'-^9<


Development & Local Government with effect
from 1st October 1976 and until further notice.
5th October, 1976.
(PF 991).


No. 132.
LEGISLATION
The following Act which has been assented
to by His Excellency the Governor is published
with this issue of the Gazette:-
No. 17 of 1976.-An Act to make provision
for the recognition of divorces and legal
separations.
5th October, 1976.
By Command,
J. A. POMPEY,
Acting Permanent Secretary,
Premier's Office.


/


s/s5-s--


[No. 47.


_ ~I~



























242 SAINT VINCENT, TUESDAY, 5 OCTOBER, 1976.-(No. 47).


DEPARTMENTAL AND OTHER N3TICES


SAINT VINCENT

By Authority of the Registration of United
Kingdom Patents Ordinance Chapter 156 of the
Revised Laws of St. Vincent 1926.

Gazetted 1976

Advertisement of application for registration
of United Kingdom Patent No. 1,331,823.
Notice is hereby given chat an application was
made o'n the 23rd November, 1971 by F. IoFF-
MANN-LA ROCHE & Co. AKTIENGESILLSCIIAFT
(a Swiss Company) a corporation duly organ-
ised and existing under the Laws of the United


Kingdom, at 124-184 Grenzacherstrasse, Basle,
Switzerland, for the registration of a Patent in
respect of A Benzodiazepine derivative.

Any person may, at any time within TWO
MONTIIS from the date of such advertisement
give Notice to the Registrar of opposition to
the issue of a certificate of registration upon
any grounds prescribed by Section 27 of the
PATENTS ORDINANCE (Cap. 155) for oppo-
sition to the grant of letters patent.

TREVOR A. F. PETERS,
Acting Registrar.
The Patent Office
c/o Court House
Registrar's Office
Kingstown
Saint Vincent.


PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 50 cents. ]
























SAINT VINCENT.


Act No. 17 of 1976.

I Assent,


RUPERT G. JOHN,
[ L. S. ] Governor.

1st October, 1976.
AN ACT to make provision for the recognition of divorces and
legal separations.
S5th Gctober, 1976 \
WHEREAS a Convention on the recognition of divorces and
legal separations was opened for signature at the Hague on 1st
June, 1970, was signed on behalf of the United Kingdom on that
date, and was ratified by the Government of the United Kingdom
on 21st May, 1974:
AND WHEREAS it is desirable to facilitate the recognition
of divorces and legal separations obtained in other countries:
AND WHEREAS it is expedient that, for that purpose, thgge;
United Kingdom should, in accordance with Article 29 oftb-]E /'l
said Convention, extend the said Convention to Saint Vi e '.\
NOW THEREFORE: f
Be it enacted by the Queen's Most Excellent Mal bv to r
and with the advice and consent of the House of Ass il1 of
Saint Vincent, and by the authority of the same as fo

>c 32p- 92 P zs
\`~"- s.






















1976.


Recognition of Divorces and Legal Separations


Short title
and
conmmencemenlt.


Interpretation.




Declaration
of acceptance
of the
Convention.


1. This Act may be cited as the Recognition of Divorces
and Legal reparations Act, 19 6, and shall come into operation
on such date as the Governor may, by Proclamation in the
Gazette, appoint.

2. In this Act, "Convention" means the Convention on the
recognition of Divorces and Legal Separations, done at the
Hlague, signed on behalf of the United Kingdom on 1st June,
1970, and ratified by the Government of the United Kingdom on
21st May, 1974.

3. The extension to Saint Vincent of the Convention, the
provisions of which are set out in the Schedule to this Act, is
hereby declared to be accepted by the Government of Saint
Vincent.


SCHEDULE
CONVENTION ON THE RECOGNITION OF DIVORCES AND LEGAL
SEPARATIONS

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 proceedings 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 Contract-
ing 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;


No 17.





















No. 17. Registration of Divorces and Legal Separations 1976.


(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 residence 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 together in a State whoseflaw,
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 follow-
ing 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 anpeared in the proceedings, the authorities of
the State in which recognition of a divorce or legal separation is sought 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-





















No. 17. Registration of Divorces and Legal Separalions 1976.

(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 letal separation is sought 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 respon-
dent, or if he was not afforded a sufficient opportunity to present his case, the
divorce or legal separation may be refused recognition.
Article 9
Contracting States may refuse to recognize a divorce or legal separation
if it is incompatible with a previous decision determining the matrimonial status
of the spouses and that decision either was rendered in the State in which
recognition is sought, or is recognized, or fulfils the conditions required for
recognition, in that State.
Article 10

Contracting States may refuse to recognize a divorce or legal separation
if such recognition is manifestly incompatible with their public policy ('ordre
public').
Article 11
A State which is obliged to recognize a divorce under this Convention may
not preclude either spouse from remarrying on the ground that the law of
another State does not recognize that divorce.

Article 12
Proceedings for divorce or legal separation in any Contracting State may
be suspended when proceedings relating to the matrimonial status of either
party to the marriage are pending in another Contracting State.





















No. 17. Registration of' Divorces and Legal Scparations 1976.

Article 13

In the application of this Convention to divorces or legal separations
obtained or sought to be recognized in Contracting States having, in matters of
divorce or 1,gal separation, two or more legal systems applying in different
territorial units-
(1) any reference to the law of the State of origin shall be construed as
referring to the law of the territory in which the divorce or separation
was obtained;
(2) any reference to the law of the State in which recognition is sought
shall be construed as refciring to the law of the forum; and
(3) any reference to domicile or residence in the State of origin shall be
construed as referring to domicile or residence in the territory in which
the divorce or separation was obtained.

Article 14

For the purposes of Articles 2 and 3 where the State of origin has, in matters
of divorce or legal separation, two or more legal systems applying in different
territorial units-
(1) Article 2, sub-paragraph (3), shall apply where both spouses were
nationals of the State of which the territorial unit where the divorce
or legal separation was obtained forms a part, and that regardless of
the habitual residence of the spouses;
(2) Article 2, sub-paragraphs (4) and (5), shall apply where the petitioner
was a national of the State of which the territorial unit where the
divorce or legal separation was obtained forms a part.

Article 15

In relation to a Contracting State having, in matters of divorce or legal
separation, two or more legal systems applicable to different categories of
persons, any reference to the law of that State shall be construed as referring
to the legal system specified by the law of that State.

Article 16

When, for the purposes of this Convention, it is necessary to refer to the
law of a State, whether or not it is a Contracting State, other than the Statp
of origin or the State in which recognition is sought, and having in matters of
divorce or legal separation two or more legal systems of territorial or personal
application, reference shall be made to the system specified by the law of that
State.






















No. 17. Registration of Divorces and Legal Separations 1976.

Article 17

This Convention shall not prevent the application in a Contracting State
of rules of law more favourable to the recognition of foreign divorces and legal
separations.
Article 18

This Convention shall not affect the operation of other conventions to which
one or several Contracting States are or may in the future become Parties and
which contain provisions relating to the subject-matter of this Convention.

Contracting States, however, should refrain from concluding other conven-
tions on the same matters incompatible with the terms of this Convention,
unless for special reasons based on regional or other ties; and, notwithstanding
the terms of such conventions, they undertake to recognize in accordance with
this Convention divorces and legal separations granted in Contracting States
which are not Parties to such other conventions.

Article 19

Contracting States may, not later than the time of ratification or accession,
reserve the right-
(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
the State in which recognition is sought, and of no other State, and a
law other than that indicated by the rules of private international law
of the State of recognition was applied, unless the result reached is
the same as that which would have been reached by applying the law
indicated by those rules;
(2) to refuse to recognize a divorce when, at the time it was obtained,
both parties habitually resided in States which did not provide for
divorce. A State which utilizes the reservation statedin this paragraph
may not refuse recognition by the application of Article 7.

Article 20

Contracting States whose law does not provide for divorce may, not later
than the time of ratification or accession, reserve the right not to recognize a.
divorce if, at the date it was obtained, one of the spouses was a national of
a State whose law did not provide for divorce.

This reservation shall have effect only so long as the law of the State
utilizing it does not provide for divorce.



















No. 17. Registration of Divorces and Le gal Separations 1976.

Article 21

Contracting States whose law does not provide for legal separation may,
not later than the time of ratification or accession, reserve the right to refuse
to recognize 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.
Article 22

Contracting States may, from time to time, declare that certain categories
of persons having their nauonality need not be considered their nationals for
the purposes of this Convention.

Article 23

If a Contracting State has more than one legal system in matters of divorce
or legal separation, it may, at the time of signature, ratification or accession,
declare that this Convention shall extend to all its lega-l systems or only to one
or more of them, and may modify its declaration by submitting another declara-
tion at any time thereafter.

These declarations shall be notified to the Ministry of Foreign Affairs of
the Netherlands, and shall state expressly the legal systems to which the Conven-
tion applies.

Contracting States may decline to recognize a divorce or legal separation
if, at the date on which recognition is sought, the Convention is not applicable to
the Legal system under which the divorce or legal separation was obtained.

Article 24

This Convention applies regardless of the date on which the divorce or
legal separation was obtained.

Nevertheless a Contracting State may, not later than the time of ratification
or accession, reserve the right not to apply this Conve'ntion to a divorce or to
a legal separation obtained before the date on which, in relation to that State,
the Convention comes into force.

Article 25

Any State may, not later than the moment of its ratification or accession,
make one or more of the reservations mentioned in Articles 19, 20, 21 and 24
of the present Convention. No other reservation shall be permitted.

















No. 17. Registration of Divorces and Legal Separations 1976.

Each Contracting State may also, when notifying an extension of the
Convention in accordance with Article 29, make one or more of the said
reservations, with its effect limited to all or some of the territories mentioned
in the extension.

Each Contracting State may at any time withdraw a reservation it has
made. Such a withdrawal shall be notified to the Ministry of Foreign Affairs
of tne Netiierlands.

Such a reservation shall cease to have effect on the sixtieth day after the
notification referred to in the preceding paragraph.

Article 26

The present Convention shall be open for signature by the States
represented at the Eleventh Session of the Hlague Conference on Private
International Law.

It shall be ratified, and the instruments of ratification shall be deposited
with the Ministry of Foreign Affairs of the Netherlands.

Article 27

The present Convention shall enter into force on the sixtieth day after
the deposit of the third instrument of ratification referred to in the second
paragraph of Article 26.

The Convention shall enter into force for each signatory State which
ratifies subsequently on the sixtieth day after the deposit of its instrument of
ratification.
Article 28

Any State not represented at the Eleventh Session of the Hague Conference
on Private International Law which is a Member of this Conference or of the
United Nations or of a specialised agency of that Organisation, or a Party to
the Statute of the International Court of Justice may accede to the present
Convention after it has entered into force in accordance with the first paragraph
of Article 27..

The instrument of accession shall be deposited with the Ministry of Foreign
Affairs of the Netherlands.

The Convention shall enter into force for a State acceding to it on the
sixtieth day after the deposit of its instrument of accession.






















No. 17. Registration of Divorces and Legal Separations 1976.

The accession will have effect only as regards the relations between the
acceding State and such Contracting States as will have declared their accept-
a4ce of the accession. Such a declaration shall be deposited at the Ministry
of 'Freign Affairs of the Netherlands; this Ministry shall forward, through
diplomatic channels, a certified copy to each of the Contracting States.

The Convention will enter into force as between the acceding State and the
State that has declared its acceptance of the accession on the sixtieth day after
the deposit of the declaration of acceptance.

..... Article 29

Any State may, at the time of signature, ratification or accession, declare
tiat the present Convention shall extend to all the territories for the international
relations of which it is responsible, or to one or more of them. Such a declara-
tion shall take effect on the date of entry into force of the Convention for the
State concerned.

At any time thereafter, such extensions shall be notified to the Ministry of
Foreign Affairs of the Netherlands.

The extension will have effect only as regards the relations with such
Contracting States as will have declared their acceptance of the extensions.
Such a declaration shall be deposited at the Ministry of Foreign Affairs of the
Netherlands; this Ministry shall forward, through diplomatic channels, a
certified copy to each of the Contracting States.

The extension will take effect in each case sixty days after the deposit of
the declaration of acceptance.
Article 30

% The present Convention shall remain in force for five years from the date
of its entry into force in accordance with the first paragraph of Article 27, even
for States which have ratified it or acceded to it subsequently.

If there has been no denunciation, it shall be renewed tacitly every five
years.
Any denunciation shall be notified to the Ministry of Foreign Affairs of the
Netherlands, at least six months before the end of the five year period.

It may be limited to certain of the territories to which the Convention applies.

The denunciation shall have effect only as regards the State which has
notified it. The Convention shall remain in force for thie other Contr:acting
Stat es.



























No. 17. Registration of Divorces and Legal Separations 1976.


Article 31

The Ministry of Foreign Affairs of the Netherlands shall give notice to the
States referred to in Article 26, and to the States which have acceded in accord-
ance with Article 28, of the following-
(a) the signatures and ratifications referred to in Article 26;
(b) the date on which the present Convention enters into force in
accordance with the first paragraph of Article 27;
(c) the accession referred to in Article 28 and the date on which they
take effect;
(d) the extensions referred to in Article 29 and the dates on which they
take effect;
(e) the denunciations referred to in Article 30;
(f) the reservations and withdrawals referred to in Articles 19, 20,
21, 24 and 25;
(g) the declarations referred to in Articles 22, 23, 28 and 29.



Passed in the House of Assembly this 6th day of May, 1976.

J. CLEMENT NOEL,
Clerk of the House of Assembly, Ag.



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[ Price $3.00 ]
1976.




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