Grounds for refusal of recognition of decisions in matrimonial matters
Article 38
The recognition of a decision relating to a divorce, legal separation or marriage annulment shall be refused: (a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked; (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; (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 (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.