Sheriff Courts (Scotland) Act 1907

Application and interpretation of this Part S

33.73. (1) This Part applies to an application for divorce by a party to a marriage made in the manner prescribed in rule 33.74 (form of applications) if, but only if—

(a) that party relies on the facts set out in section 1(2)(d) (no cohabitation for [F1 one year] with consent of defender to decree), or section 1(2)(e) (no cohabitation for [F2 two] years) [F3 or section 1(1)(b) (issue of interim gender recognition certificate) F4 ], of the M1 Act of 1976;

(b) in an application under section 1(2)(d) of the Act of 1976, the other party consents to decree of divorce being granted;

(c) no other proceedings are pending in any court which could have the effect of bringing the marriage to an end;

(d) there are no children of the marriage under the age of 16 years;

(e) neither party to the marriage applies for an order for financial provision on divorce; F5 . . .

(f) neither party to the marriage suffers from mental disorder. [F6 ; and

(g) there is no religious impediment to the remarriage of either party]

(2) If an application ceases to be one to which this Part applies at any time before final decree, it shall be deemed to be abandoned and shall be dismissed.

(3) In this Part “simplified divorce application” means an application mentioned in paragraph (1).

Textual Amendments

F1 Words in Sch. 1 rule 33.73(1)(a) substituted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(36)(a)(i)}

F2 Word in Sch. 1 rule 33.73(1)(a) substituted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(36)(a)(ii)}

F3 Words in Sch. 1 rule 33.73(1)(a) inserted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(36)(a)(iii)}

F4 Section 1(1)(b) was inserted by paragraph 6 of Schedule 2 to the Gender Recognition Act 2004 (c. 7).

F5 Word in Sch. 1 rule 33.73(1)(e) omitted (4.5.2006) by virtue of Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(36)(b)}

F6 Sch. 1 rule 33.73(1)(g) and word inserted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(36)(c)}

Marginal Citations

M1 1976 c.39.