Commentary
Part 2 – Civil partnership
Section 27: Dissolution of civil partnership: evidence
198.The Evidence in Civil Partnership and Divorce Actions (Scotland) Order 2012 (SSI 2012/111)(1) removed the need for third party evidence in actions to dissolve civil partnerships using the simplified procedure. (The simplified procedure can generally be used where there is no dispute about financial matters and no children under 16).(2)
199.Some civil partnerships were dissolved using the simplified procedure and without obtaining third party evidence before the Order came into effect. Section 27 provides that the Order is to be treated as having had effect since 5 December 2005 (when civil partnerships were introduced). The effect of the provision is that decrees of dissolution granted before the Order took effect cannot be challenged on the grounds that no third party evidence was provided.
This Order can be found at http://www.legislation.gov.uk/ssi/2012/111/contents/madeBack [1]
More information on the simplified procedure is at http://www.scotcourts.gov.uk/taking-action/divorce-and-dissolution-of-civil-partnershipBack [2]
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