Sheriff Courts (Scotland) Act 1907

Application and interpretation of this Part S

33A.66. (1) This Part applies to an application for dissolution of civil partnership by a party to a civil partnership made in the manner prescribed in rule 33A.67 (form of applications) if, but only if–

(a) that party relies on the facts set out in section 117(3)(c) (no cohabitation for [F1 one year] with consent of defender to decree), section 117(3)(d) (no cohabitation for [F2 two] years), or section 117(2)(b) (issue of interim gender recognition certificate) of the Act of 2004;

(b) in an application under section 117(3)(c) of the Act of 2004, the other party consents to decree of dissolution of civil partnership being granted;

(c) no other proceedings are pending in any court which could have the effect of bringing the civil partnership to an end;

(d) there is no child of the family (as defined in section 101(7) of the Act of 2004) under the age of 16 years;

(e) neither party to the civil partnership applies for an order for financial provision on dissolution of civil partnership; and

(f) neither party to the civil partnership suffers from mental disorder.

(2) If an application ceases to be one to which this Part applies at any time before final decree, it shall be deemed to be abandoned and shall be dismissed.

(3) In this Part “simplified dissolution of civil partnership application” means an application mentioned in paragraph (1).

Textual Amendments

F1 Words in Sch. 1 rule 33A.66(1)(a) substituted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(55)(a)}

F2 Word in Sch. 1 rule 33A.66(1)(a) substituted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(55)(b)}