- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). Scottish Statutory Instruments are not carried in their revised form on this site.
(This note is not part of the Regulations)
These Regulations make supplemental provision for the recognition in Scotland of dissolutions and annulments of civil partnerships and the separation of civil partners obtained abroad. This is in addition to the provision made in sections 234 to 237 of the Civil Partnership Act 2004.
Regulation 2 provides for countries comprising two or more territories which have different systems of law in relation to this subject matter. It ensures that such territories are treated for recognition purposes as countries. It is analogous to section 49 of the Family Law Act 1986, Part II of which deals with the recognition of divorces, nullity of marriage and the separation of married parties.
Regulation 3 provides for situations where section 235 of the 2004 Act would be insufficient to ensure the proper recognition of the validity of certain overseas dissolutions etc. because one or both of the civil partners is either habitually resident or domiciled in a country or territory whose law does not recognise relationships between people of the same sex.
Regulations 4, 5 and 6 provide respectively for the recognition of certain dissolutions etc. obtained in cross-proceedings, the recognition of certain dissolutions obtained following the conversion of separations and the facilitation of the proof of certain facts relevant to recognition and established in the earlier proceedings abroad. These provisions are analogous to section 47(1) and (2) and section 48 of the 1986 Act.
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.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: