{
  "url": "https://openlegislation.uk/eu-regulation-2019-1111/article-38",
  "json_url": "https://openlegislation.uk/eu-regulation-2019-1111/article-38.json",
  "legislation": "eur/2019/1111",
  "legislation_title": "Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2019-1111",
  "path": "article/38",
  "kind": "article",
  "number": "38",
  "heading": "Grounds for refusal of recognition of decisions in matrimonial matters",
  "text": "The recognition of a decision relating to a divorce, legal separation or marriage annulment shall be refused:\n(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked;\n(b) where it was given in default of appearance, if the respondent was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable the respondent to arrange for his or her defence unless it is determined that the respondent has accepted the decision unequivocally;\n(c) if it is irreconcilable with a decision given in proceedings between the same parties in the Member State in which recognition is invoked; or\n(d) if it is irreconcilable with an earlier decision given in another Member State or in a non-Member State between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State in which recognition is invoked.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2019/1111/article/38",
    "retrieved_at": "2026-11-01T14:43:16.133869+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}