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.