8 Jurisdiction of sheriff court in respect of actions for separation.S
(1)Subsections (2) to (4) below shall have effect, subject to section 12(6) of this Act, with respect to the jurisdiction of the sheriff court to entertain an action for separation [F1or divorce].
(2)The court shall have jurisdiction to entertain an action for separation [F2or divorce] if (and only if)—
[F3(a)either–
(i)the Scottish courts have jurisdiction under the Council Regulation; or
(ii)the action is an excluded action where either party to the marriage in question is domiciled in Scotland at the date when the action is begun;]
(b)either party to the marriage—
(i)was resident in the sheriffdom for a period of forty days ending with that date, or
(ii)had been resident in the sheriffdom for a period of not less than forty days ending not more than forty days before the said date, and has no known residence in Scotland at that date.
(3)In respect of any marriage, the court shall have jurisdiction to entertain an action for separation [F4or divorce] (notwithstanding that jurisdiction would not be exercisable under subsection (2) above) if it is begun at a time when an original action is pending in respect of the marriage; and for this purpose “original action” means an action in respect of which the court has jurisdiction by virtue of subsection (2), or of this subsection.
[F5(3A)Subsection (3) does not give the court jurisdiction to entertain an action in contravention of Article 7 of the Council Regulation.]
(4)The foregoing provisions of this section are without prejudice to any jurisdiction of a sheriff court to entertain an action of separation [F6or divorce] remitted to it in pursuance of any enactment or rule of court [F7, provided that entertaining the action would not contravene Article 7 of the Council Regulation].
Textual Amendments
F1Words added by Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12, SIF 47), ss. 6(1), 7(4), Sch. 1 para. 18
F2Words inserted by Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12, SIF 47), ss. 6(1) 7(4), Sch. 1 para. 18(b)
F3S. 8(2)(a) substituted (1.3.2001) by S.S.I. 2001/36, reg. 2(3)(a) (with reg. 6)
F4Words inserted by Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12, SIF 47), ss.6(1), 7(4), Sch. 1 para. 18(c)
F5S. 8(3A) inserted (1.3.2001) by S.S.I. 2001/36, reg. 2(3)(b) (with reg. 6)
F6Words inserted by Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12, SIF 47), ss. 6(1), 7(4), Sch. 1 para. 18(d)
F7Words in s. 8(4) added (1.3.2001) by S.S.I. 2001/36, reg. 2(3)(c) (with reg. 6)