Domicile and Matrimonial Proceedings Act 1973


1The following six paragraphs have effect for the interpretation of this Schedule.S

2Consistorial action” means any action so far as it is one or more of the following, namely, actions for—S

  • divorce,

  • separation,

  • declarator of marriage,

  • declarator of nullity of marriage.

3(1)Another jurisdiction” means any country outside Scotland.S

(2)Related jurisdiction” means any of the following countries, namely, England and Wales, Northern Ireland, Jersey, Guernsey and the Isle of Man (the reference to Guernsey being treated as including Alderney and Sark).

4For the purposes of this Schedule—S

(a)in any action in the Court of Session or a sheriff court neither the taking of evidence on commission nor a separate proof relating to any preliminary plea shall be regarded as part of the proof in the action; and

(b)any such action is continuing if it is pending and not sisted.

5Any reference in this Schedule to proceedings in another jurisdiction is to proceedings in a court of that jurisdiction and to any other proceedings in that jurisdiction which are of a description prescribed for the purposes of this paragraph; and provision may be made by rules of court as to when proceedings of any description in another jurisdiction are continuing for the purposes of this Schedule.S

6Prescribed” means prescribed by rules of court.S