Search Legislation

Family Law (Scotland) Act 2006

Status:

This is the original version (as it was originally enacted).

15Postponement of decree of divorce where religious impediment to remarry exists

This section has no associated Explanatory Notes

After section 3 of the 1976 Act (action for divorce following on decree of separation) there shall be inserted—

3APostponement of decree of divorce where religious impediment to remarry exists

(1)Notwithstanding that irretrievable breakdown of a marriage has been established in an action for divorce, the court may—

(a)on the application of a party (“the applicant”); and

(b)if satisfied—

(i)that subsection (2) applies; and

(ii)that it is just and reasonable to do so,

postpone the grant of decree in the action until it is satisfied that the other party has complied with subsection (3).

(2)This subsection applies where—

(a)the applicant is prevented from entering into a religious marriage by virtue of a requirement of the religion of that marriage; and

(b)the other party can act so as to remove, or enable or contribute to the removal of, the impediment which prevents that marriage.

(3)A party complies with this subsection by acting in the way described in subsection (2)(b).

(4)The court may, whether or not on the application of a party and notwithstanding that subsection (2) applies, recall a postponement under subsection (1).

(5)The court may, before recalling a postponement under subsection (1), order the other party to produce a certificate from a relevant religious body confirming that the other party has acted in the way described in subsection 2(b).

(6)For the purposes of subsection (5), a religious body is “relevant” if the applicant considers the body competent to provide the confirmation referred to in that subsection.

(7)In this section—

  • “religious marriage” means a marriage solemnised by a marriage celebrant of a prescribed religious body, and “religion of that marriage” shall be construed accordingly;

  • “prescribed” means prescribed by regulations made by the Scottish Ministers.

(8)Any reference in this section to a marriage celebrant of a prescribed religious body is a reference to—

(a)a minister, clergyman, pastor or priest of such a body;

(b)a person who has, on the nomination of such a body, been registered under section 9 of the Marriage (Scotland) Act 1977 (c. 15) as empowered to solemnise marriages; or

(c)any person who is recognised by such a body as entitled to solemnise marriages on its behalf.

(9)Regulations under subsection (7) shall be made by statutory instrument; and any such instrument shall be subject to annulment in pursuance of a resolution of the Scottish Parliament..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources