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SCHEDULES

SCHEDULE 1E+W STAYING OF MATRIMONIAL PROCEEDINGS (ENGLAND AND WALES)

InterpretationE+W

1E+WThe following five paragraphs have effect for the interpretation of this Schedule.

2E+WMatrimonial proceedings” means any proceedings so far as they are one or more of the five following kinds, namely, proceedings for—

3(1)Another jurisdiction” means any country outside England and Wales.E+W

(2)Related jurisdiction” means any of the following countries, namely, Scotland, Northern Ireland, Jersey, Guernsey and the Isle of Man (the reference to Guernsey being treated as including Alderney and Sark).

4(1)References to the trial or first trial in any proceedings do not include references to the separate trial of an issue as to jurisdiction only.E+W

(2)For purposes of this Schedule, proceedings in the court are continuing if they are pending and not stayed.

Prospective

F1 [ 4A (1)“Statement of marital breakdown” has the same meaning as in the Family Law Act 1996.E+W

(2)Relevant statement ” in relation to any marital proceedings, means—

(a)the statement of marital breakdown with which the proceedings commenced; or

(b)if the proceedings are for the conversion of a separation order into a divorce order under section 4 of the Family Law Act 1996, the statement of marital breakdown by reference to which the separation order was made.]

Textual Amendments

F1S. 4A inserted (prosp.) by 1996 c. 27, ss. 19(5), 67(3), Sch. 3 para. 4 (with Sch. 9 para. 5)

5E+WAny reference in this Schedule to proceedings in another jurisdiction is to proceedings in a court of that jurisdiction, and to any other proceedings in that jurisdiction, which are of a description prescribed for the purposes of this paragraph; and provision may be made by rules of court as to when proceedings of any description in another jurisdiction are continuing for the purposes of this Schedule.

6E+WPrescribed” means prescribed by rules of court.