PART 1JURISDICTION

Jurisdiction2

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.