[SCHEDULE 1B Jurisdiction in Relation to Same Sex Marriages (Scotland)]
Domicile and Matrimonial Proceedings Act 1973 (1973 c 45) | Legislation

[SCHEDULE 1B Jurisdiction in Relation to Same Sex Marriages (Scotland)]

[(introduced by section 8A)]

[Introduction

1

(1)     This Schedule has effect with respect to the jurisdiction of the Court of Session and of the sheriff court to entertain, in relation to same sex marriages, proceedings for—

(a)     divorce,

(b)     separation,

(c)     declarator of marriage,

(d)     declarator of nullity of marriage,

(e)     declarator of recognition, or non-recognition, of a relevant foreign decree.

(2)     References in this Schedule to “relevant proceedings†are to such proceedings as are mentioned in sub-paragraph (1).

(3)     In this Schedule—

“relevant foreign decree†means a decree of divorce, separation or nullity granted outwith [the United Kingdom, the Channel Islands and the Isle of Man],

“same sex marriage†means a marriage between persons of the same sex.

.Ìý.Ìý.

2

.Ìý.Ìý.

Divorce or separation

3

(1)     The Court of Session has jurisdiction to entertain proceedings for the divorce or separation of the parties to a same sex marriage if (and only if) [either of the parties to the marriage]—

[(a)     is domiciled in Scotland on the date when the proceedings are begun, or

(b)     was habitually resident in Scotland throughout

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