Sheriff Courts (Scotland) Act 1907

Averments in actions of divorce or separation about other proceedings S

33.2. (1) This rule applies to an action of divorce or separation.

(2) In an action to which this rule applies, the pursuer shall state in the condescendence of the initial writ—

(a) whether to his knowledge any proceedings are continuing in Scotland or in any other country in respect of the marriage to which the initial writ relates or are capable of affecting its validity or subsistence; and

(b) where such proceedings are continuing—

(i) the court, tribunal or authority before which the proceedings have been commenced;

(ii) the date of commencement;

(iii) the names of the parties;

(iv) the date, or expected date of any proof (or its equivalent) in the proceedings; and

(v) such other facts as may be relevant to the question of whether or not the action before the sheriff should be sisted under Schedule 3 to the Domicile and Matrimonial Proceedings Act 1973 [F1 or Council Regulation (EC) No. 1347/2000 of 29th May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses].

(3) Where—

(a) such proceedings are continuing;

(b) the action before the sheriff is defended; and

(c) either—

(i) the initial writ does not contain the statement referred to in paragraph (2)(a), or

(ii) the particulars mentioned in paragraph (2)(b) as set out in the initial writ are incomplete or incorrect,

any defences or minute, as the case may be, lodged by any person to the action shall include that statement and, where appropriate, the further or correct particulars mentioned in paragraph (2)(b).

Textual Amendments

F1 Words in Sch. 1 rule 33.2(2)(b)(v) inserted (2.4.2001) by S.S.I. 2001/144, para. 2(1)(2)