The Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) (Scotland) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make corresponding provision, as far as is possible in domestic law, to the jurisdiction and recognition provisions of Council Regulation (EC) 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (OJ L 338, 23.12.03, p.1) for certain proceedings.

Regulation 2 provides that the Scottish courts have jurisdiction in proceedings for the declarator of recognition, or non-recognition, of a relevant foreign decree and in proceedings for the divorce of, or declarator of nullity of a marriage of, or the judicial separation of a married same sex couple if the couple meet one of the criteria set out in subparagraphs (a) to (f) of regulation (2)(2).

Regulations 3 and 4 provide that if a court of an EU member State (other than the United Kingdom) gives judgment in respect of the divorce of, annulment of a marriage of, or the judicial separation of a married same sex couple, that judgment must be recognised in Scotland unless any of the matters in regulation 5 apply.

Regulation 5 sets out the criteria for non-recognition of a judgment.

Regulation 6 prevents the court from reviewing the jurisdiction of the court of the member State that made the original judgment and also from reviewing the substance of that judgment.

Regulation 7 ensures that a judgment is recognised notwithstanding that there might well have been a different outcome on the facts if the law of Scotland had been applied to the judgment.

Regulation 8 allows the court to sist proceedings for recognition of a judgment given in a member State when there is an appeal outstanding against that judgment in that member State.