JurisdictionS
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.
Commencement Information
I1Reg. 2 in force at 16.12.2014, see reg. 1(1)