Family Law (Scotland) Act 2006

37 Jurisdiction: actions for declarator of recognition of certain foreign decrees S

(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.”.

Commencement Information

I1 S. 37 in force at 4.5.2006 by S.S.I. 2006/212, art. 2 (with art. 4)