Sheriff Courts (Scotland) Act 1907

Applications for financial provision [F1 after overseas divorce or annulment] S

33.55. (1) An application under M1 section 28 of the Act of 1984 for an order for financial provision after a divorce or annulment in an overseas country shall be made by initital writ.

(2) An application for an order in an action to which paragraph (1) applies made before final decree under—

(a) section 13 of the M2 Act of 1981(transfer of tenancy of matrimonal home),

(b) section 29(4) of the Act of 1984 for interim periodical allowance, or

(c) section 14(4) of the Act of 1985 (variation or recall of incidental order),

shall be made by motion.

(3) An application for an order in an action to which paragraph (1) applies made after final decree under—

(a) section 12(4) of the Act of 1985 (variation of date or method of payment of capital sum or date of transfer of property),

(b) section 13(4) of the Act of 1985 (variation, recall, backdating or conversion [F2 of] periodical allowance), or

(c) section 14(4) of the Act of 1985 (variation or recall of incidental order),

shall be made by minute in the process of the action to which the application relates.

[F3 (4) An application under–

(a) paragraph (5) of section 12A of the Act of 1985 (recall or variation of order in respect of a pension lump sum), or

(b) paragraph (7) of that section (variation of order in respect of pension lump sum to substitute trustees or managers),

shall be made by minute in the process of the action to which the application relates.]

[F4 (5)] Where a minute has been lodged under paragraph (3), any party may apply by motion for an interim order pending the determination of the application.

Textual Amendments

F1 Words in rule 33.55 heading inserted (1.11.1996) by S.I. 1996/2445, para. 3(51)(a)

F2 Word in rule 33.55(3)(b) substituted (1.11.1996) by S.I. 1996/2445, para. 3(51)(b)

F3 Rule 33.55(4) inserted (1.11.1996) by S.I. 1996/2445, para. 3(51)(d)

F4 Rule 33.55(4) renumbered as rule 33.55(5) (1.11.1996) by S.I. 1996/2445, para. 3(51)(c)

Marginal Citations

M1 Section 28 was extended by section 29A (inserted by the Act of 1985, Schedule 1, paragraph 12) to an annulment.

M2 1981 c.51; section 13(2) was amended by the Act of 1985, Schedule 1, paragraph 11.