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The Civil Partnership (Jurisdiction and Recognition of Judgments) (Scotland) Regulations 2005

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Refusal of recognition of judgment

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7.—(1) Recognition of the validity of a judgment may be refused in Scotland if the judgment was obtained at a time when it was irreconcilable with a decision determining the question of the subsistence or validity of the civil partnership–

(a)previously given by a court of civil jurisdiction in Scotland; or

(b)previously given by a court elsewhere and recognised or entitled to be recognised in Scotland.

(2) Recognition of the validity of a judgment may be refused in Scotland if the judgment was obtained at a time when, according to the law of Scotland, there was no subsisting civil partnership.

(3) Recognition of the validity of a judgment may be refused if–

(a)in the case of a judgment obtained by means of proceedings, it was obtained–

(i)without such steps having been taken for giving notice of the proceeding to a civil partner as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken, or

(ii)without a civil partner having been given (for any reason other than lack of notice) such opportunity to take part in the proceedings as, having regard to those matters, he should reasonably have been given; or

(b)in the case of a judgment obtained otherwise than by means of proceedings–

(i)there is no official document certifying the judgment is effective under the law of the country in which it was obtained, or

(ii)where either civil partner was domiciled in another country at the relevant date, there is no official document certifying that the judgment is recognised as valid under the law of that other country; or

(c)in either case, recognition of the judgment would be manifestly contrary to public policy.

(4) In this regulation–

“official”, in relation to a document certifying that a judgment is effective, or is recognised as valid, under the law of any country, means issued by a person or a body appointed or recognised for the purpose under that law; and

“the relevant date” means–

(a)

in the case of a judgment obtained by means of proceedings, the date of commencement of proceedings; or

(b)

in the case of a judgment obtained otherwise than by means of proceedings, the date on which it was obtained.

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