Jurisdiction
I137Jurisdiction: actions for declarator of recognition of certain foreign decrees
1
The Domicile and Matrimonial Proceedings Act 1973 (c. 45) shall be amended in accordance with subsections (2) and (3).
2
In section 7 (jurisdiction of Court of Session in certain consistorial causes)—
a
in subsection (1)—
i
for “(2) to (8)” there shall be substituted “
(2A) to (10)
”
; and
ii
at the end there shall be inserted—
aa
an action for declarator of recognition, or non-recognition, of a relevant foreign decree.
b
in subsection (3A), after “marriage”, where it first occurs, there shall be inserted “
or for declarator of recognition, or non-recognition, of a relevant foreign decree
”
; and
c
after subsection (8) there shall be added—
9
In this section, “relevant foreign decree” means a decree of divorce, nullity or separation granted outwith a member state of the European Union.
10
References in subsection (3A) to a marriage shall, in the case of an action for declarator of recognition, or non-recognition, of a relevant foreign decree, be construed as references to the marriage to which the relevant foreign decree relates.
3
In section 8 (jurisdiction of sheriff court in certain consistorial causes)—
a
in subsection (1)—
i
for “(4)” there shall be substituted “
(6)
”
;
ii
the words from “an” to the end shall become paragraph (a) of that subsection; and
iii
at the end there shall be added
and
b
an action for declarator of recognition, or non-recognition, of a relevant foreign decree.
b
in subsection (2), after “divorce” there shall be inserted “
or for declarator of recognition, or non-recognition, of a relevant foreign decree
”
; and
c
after subsection (4) there shall be added—
5
In this section, “relevant foreign decree” has the meaning given by section 7(9).
6
References in subsection (2) to a marriage shall, in the case of an action for declarator of recognition, or non-recognition, of a relevant foreign decree, be construed as references to the marriage to which the relevant foreign decree relates.