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

PART 1 S JURISDICTION

Jurisdiction S

2.—(1) In this Part—

“relevant foreign decree” means a decree of divorce of, nullity of the marriage of, or judicial separation of a married same sex couple granted outwith a member State.

(2) The courts in Scotland have jurisdiction in proceedings for the declarator of recognition, or non-recognition, of a relevant foreign decree and in proceedings for the divorce of, declarator of nullity of the marriage of, or judicial separation of a married same sex couple where—

(a) both spouses are habitually resident in Scotland;

(b) both spouses were last habitually resident in Scotland and one of the spouses continues to reside there;

(c) the defender is habitually resident in Scotland;

(d) the pursuer is habitually resident in Scotland and has resided there for at least one year immediately preceding the date on which the action is begun;

(e) the pursuer is domiciled and habitually resident in Scotland and has resided there for at least six months immediately preceding the date on which the action is begun; or

(f) both spouses are domiciled in Scotland.

Commencement Information

I1 Reg. 2 in force at 16.12.2014, see reg. 1(1)