SCHEDULE 1Amendment of primary legislation

Amendment of the Domicile and Matrimonial Proceedings Act 1973I11

1

The Domicile and Matrimonial Proceedings Act 1973 M1 is amended as follows.

2

In section 7 M2 (jurisdiction of Court of Session)—

a

in subsection (2A)—

i

after “if (and only if)”, insert “ either of the parties to the marriage ”, and

ii

for paragraphs (a) and (b) substitute—

a

is domiciled in Scotland on the date when the action is begun, or

b

was habitually resident in Scotland throughout the period of one year ending with that date.

b

in subsection (3A)—

i

after “if (and only if)” insert “ either of the parties to the marriage ”,

ii

omit the first paragraphs (a) and (b),

iii

for the second paragraphs (a) and (b) substitute—

a

is domiciled in Scotland on the date when the action is begun,

b

was habitually resident in Scotland throughout the period of one year ending with that date, or

c

died before that date and either—

i

was at death domiciled in Scotland, or

ii

had been habitually resident in Scotland throughout the period of one year ending with the date of death.

c

omit subsection (3B),

d

omit subsection (5A), and

e

in subsection (9) for “a member state of the European Union” substitute “ the United Kingdom, the Channel Islands and the Isle of Man ”.

3

In section 8 M3 (jurisdiction of sheriff court in respect of actions for separation)—

a

in subsection (2)—

i

omit “or for declarator of recognition, or non-recognition, of a relevant foreign decree”,

ii

for paragraph (a) substitute—

a

either of the parties to the marriage—

i

is domiciled in Scotland on the date when the action is begun, or

ii

was habitually resident in Scotland throughout the period of one year ending with that date, and

b

in subsection (2A)—

i

after “marriage” where it first occurs insert “ or for declarator of recognition, or non-recognition, of a relevant foreign decree ”,

ii

for paragraph (b) substitute—

b

either party to the marriage—

i

is domiciled in Scotland on the date when the action is begun,

ii

was habitually resident in Scotland throughout the period of one year ending with that date, or

ii

died before that date and either–

A

was at death domiciled in Scotland, or

B

had been habitually resident in Scotland throughout the period of one year ending with the date of death.

c

omit subsections (2B), (2C) and (2D),

d

omit subsection (3A), and

e

in subsection (4) omit “, provided that entertaining the action would not contravene Article 6 of the Council Regulation”.

4

In section 10 M4 (ancillary and collateral orders) omit subsections (1B) M5 and (1BA) M6.

5

In section 11 M7 (sisting of certain actions) omit subsection (2).

6

In section 12 M8 (supplementary), in subsection (5) omit paragraphs (b) to (d).

7

In schedule 1B (jurisdiction in relation to same sex marriages (Scotland)) M9—

a

in paragraph 1(3), in the definition of “relevant foreign decree” for “a member State” substitute “ the United Kingdom, the Channel Islands and the Isle of Man ”,

b

omit paragraph 2 (power to make provision corresponding to EC Regulation 2201/2003),

c

in paragraph 3 (divorce or separation)—

i

in sub-paragraph (1), after “if (and only if)” insert “ either of the parties to the marriage ”,

ii

for sub-paragraph (1)(a) and (b), substitute—

a

is domiciled in Scotland on the date when the proceedings are begun, or

b

was habitually resident in Scotland throughout the period of one year ending with that date.

iii

in sub-paragraph (3)(b), omit “under regulations under paragraph 2”,

d

in paragraph 5 (nullity of marriage)—

i

in sub-paragraph (1)—

aa

omit from beginning of head (a) to “those regulations and”,

bb

in sub-head (i), after “proceedings are begun”, insert “ , or was habitually resident in Scotland throughout the period of one year ending with that date ”,

ii

in sub-paragraph (2), in head (a), omit “paragraph (a) or (b) of”,

iii

in sub-paragraph (3), in head (b), omit “under regulations under paragraph 2”,

e

in paragraph 6 (recognition, or non-recognition, of foreign decrees)—

i

in sub-paragraph (1)—

aa

omit from beginning of head (a) to “those regulations and”,

bb

in sub-head (i), after “proceedings are begun”, insert “ , or was habitually resident in Scotland throughout the period of one year ending with that date ”,

ii

in sub-paragraph (2), in head (a), omit “paragraph (a) or (b) of”, and

f

in paragraph 7 (supplementary provision), in sub-paragraph (2), omit “, if entertaining the proceedings would not contravene regulations under paragraph 2”.