Amendment of Chapter 33 of the Ordinary Cause Rules5
1
Chapter 33 of the Ordinary Cause Rules is amended in accordance with the following subparagraphs.
2
At the end of rule 33.1(1) insert—
r
an action for declarator of recognition, or non-recognition, of a relevant foreign decree within the meaning of paragraph 1 of Schedule 1B to the Domicile and Matrimonial Proceedings Act 1973, or of a judgment to which paragraph 2(1)(b) of that Schedule refers.
3
After rule 33.6 (Averments where aliment or financial provision sought), insert—
Averments where divorce sought on ground of issue of interim gender recognition certificate33.6ZA
1
This rule applies to an action of divorce in which divorce is sought on the ground that an interim gender recognition certificate has been issued to either party.
2
In an action to which this rule applies, the pursuer shall state in the condescendence of the initial writ—
a
where the pursuer is the party to whom the interim gender recognition certificate was issued, whether or not the Gender Recognition Panel has issued a full gender recognition certificate to the pursuer, and
b
where the defender is the party to whom the interim gender recognition certificate was issued, whether—
i
since the issue of the interim gender recognition certificate, the pursuer has made a statutory declaration consenting to the marriage continuing, and
ii
the Gender Recognition Panel has given the pursuer notice of the issue of a full gender recognition certificate to the defender.
4
At the end of rule 33.28(1)(a) insert—
vii
for declarator of recognition, or non-recognition, of a relevant foreign decree within the meaning of paragraph 1 of Schedule 1B to the Domicile and Matrimonial Proceedings Act 1973, or of a judgment to which paragraph 2(1)(b) of that Schedule refers.
5
In rule 33.96(1)—
a
before “a decree”, insert “(a)”; and
b
at the end insert—
b
a decree of divorce, nullity of separation in respect of a same sex marriage when granted in a member state of the European Union.