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1E+WThe following five paragraphs have effect for the interpretation of this Schedule.
2E+W“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 [F2applicant], and
a declaration as to the subsistence of such a marriage.
Textual Amendments
F1Words in Sch. 1 para. 2 inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 9; S.I. 2014/93, art. 3(j)(i)
F2Word in Sch. 1 para. 2 substituted (6.4.2022) by The Divorce, Dissolution and Separation Act 2020 (Consequential Amendments) Regulations 2022 (S.I. 2022/237), reg. 1(2), Sch. para. 1(3)(a) (with reg. 3); S.I. 2022/283, reg. 2
3(1)“Another jurisdiction” means any country outside England and Wales.E+W
(2)“ ” 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.
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+W“Prescribed” means prescribed by rules of court.