The Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2005

Amendment of the Family Law Act 1986

This section has no associated Executive Note

15.—(1) Amend section 13 as follows.

(2) In subsection (1), after “matrimonial” insert “or civil partnership”.

(3) For subsection (2), substitute–

(2) A court in Scotland shall not have jurisdiction–

(a)after the dismissal of matrimonial proceedings or after decree of absolvitor is granted therein; or

(b)after the dismissal of civil partnership proceedings,

to entertain an application for a Part 1 order in those proceedings unless the application therefor was made on or before such dismissal or the granting of the decree of absolvitor..

(4) In subsection (3)–

(a)after “nullity of marriage” insert “or proceedings for dissolution or nullity of civil partnership”; and

(b)after “the marriage” insert “or civil partnership”.

(5) In subsection (4)–

(a)after each occurrence of “matrimonial” insert “or civil partnership”; and

(b)after “marriage” insert “or civil partnership”.

(6) In subsection (6), after “matrimonial” insert “or civil partnership”.