The Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Separations) (Scotland) Regulations 2005

Proof of facts relevant to recognition S

6.—(1) For the purpose of deciding whether an overseas dissolution, annulment or separation obtained by means of proceedings is entitled to recognition by virtue of section 235 of the Act or regulation 3, 4 or 5 above, any finding of fact made (whether expressly or by implication) in the proceedings and on the basis of which jurisdiction was assumed in the proceedings shall–

(a) if both parties to the civil partnership took part in the proceedings, be conclusive evidence of the fact found; and

(b) in any other case, be sufficient proof of that fact unless the contrary is shown.

(2) In this regulation “finding of fact” includes a finding that either party to the civil partnership–

(a) was habitually resident in the country in which the dissolution, annulment or separation was obtained;

(b) was under the law of that country domiciled there; or

(c) was a national of that country.

(3) For the purposes of paragraph (1)(a) above, a party to the civil partnership who has appeared in judicial proceedings shall be treated as having taken part in them.

(4) References in this regulation to “country” include references to a territory which comprises part of a country in which different systems of law are in force in matters relating to the dissolution or annulment of a civil partnership or the separation of civil partners.

Commencement Information

I1 Reg. 6 in force at 5.12.2005, see reg. 1(1)