Mandatory sistsS
8SWhere before the beginning of the proof in any action for divorce which is continuing in the Court of Session [F1or in the Sheriff Court] it appears to the Court [F2concerned] on the application of a party to the marriage—
(a)that in respect of the same marriage proceedings for divorce or nullity of marriage are continuing in a related jurisdiction; and
(b)that the parties to the marriage have resided together after the marriage was contracted; and
(c)that the place where they resided together when the action in the Court was begun or, if they did not then reside together, where they last resided together before the date on which that action was begun is in that jurisdiction; and
(d)that either of the said parties was habitually resident in that jurisdiction throughout the year ending with the date on which they last resided together before the date on which that action was begun;
it shall be the duty of the Court, subject to paragraph 10(2) below, to sist the action before it.
Textual Amendments