Sheriff Courts (Scotland) Act 1907

Action of declarator in relation to certain foreign decrees S

[F1 33.96. [F2 (1) This rule applies to an action for declarator of recognition, or non-recognition, of a decree of divorce, nullity or separation granted outwith the United Kingdom, the Channel Islands or the Isle of Man.]

(2) In an action to which this rule applies, the pursuer shall state in the condescendence of the initial writ—

(a) the court, tribunal or other authority which granted the decree;

(b) the date of the decree of divorce, annulment or separation to which the action relates;

(c) the date and place of the marriage to which the decree of divorce, nullity or separation relates;

(d) the basis on which the court has jurisdiction to entertain the action;

(e) whether to the pursuer’s knowledge any other proceedings whether in Scotland or in any other country are continuing in respect of the marriage to which the action relates or are capable of affecting its validity or subsistence; and

(f) where such proceedings are continuing—

(i) the court, tribunal or authority before which the proceedings have been commenced;

(ii) the date of commencement;

(iii) the names of the parties; and

(iv) the date, or expected date of any proof (or its equivalent), in the proceedings.

(3) Where—

(a) such proceedings are continuing;

(b) the action before the sheriff is defended; and

(c) either—

(i) the initial writ does not contain the statement referred to in paragraph (2)(e), or

(ii) the particulars mentioned in paragraph (2)(f) as set out in the initial writ are incomplete or incorrect,

• any defences or minute, as the case may be, lodged by any person to the action shall include that statement and, where appropriate, the further or correct particulars mentioned in paragraph (2)(f).

(4) Unless the sheriff otherwise directs, a declarator of recognition, or non-recognition, of a decree under this rule shall not be granted without there being produced with the initial writ—

(a) the decree in question or a certified copy of the decree;

(b) the marriage extract or equivalent document to which the action relates.

(5) Where a document produced under paragraph (4)(a) or (b) is not in English it shall, unless the sheriff otherwise directs, be accompanied by a translation certified by a notary public or authenticated by affidavit.

(6) For the purposes of this rule, proceedings are continuing at any time after they have commenced and before they are finally disposed of.]

Textual Amendments

F1 Sch. 1 Ch. 33 Pt. 16 inserted (1.1.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2010 (S.S.I. 2010/416), paras. 1(1), 8(7)

F2 Sch. 1 rule 33.96(1) substituted (1.3.2021) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021 (S.S.I. 2021/75), paras. 1(2), 3(3)