SCHEDULES

SCHEDULE 1 STAYING OF MATRIMONIAL PROCEEDINGS (ENGLAND AND WALES)

Interpretation

1

The following five paragraphs have effect for the interpretation of this Schedule.

2

“Matrimonial proceedings” means any proceedings so far as they are one or more of the five following kinds F1(whether relating to a marriage of a man and a woman or a marriage of a same sex couple), namely, proceedings for—

  • divorce,

  • judicial separation,

  • nullity of marriage,

  • a declaration as to the validity of a marriage of the petitioner, and

  • a declaration as to the subsistence of such a marriage.

3

1

“Another jurisdiction” means any country outside England and Wales.

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.

2

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

5

Any 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.

6

“Prescribed” means prescribed by rules of court.