- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) (Scotland) Regulations 2014 (revoked) No. 362
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.
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