Application and interpretation of this PartS
33.73.(1)This Part applies to an application for divorce by a party to a marriage made in the manner prescribed in rule 33.74 (form of applications) if, but only if—
(a)that party relies on the facts set out in section 1(2)(d) (no cohabitation for [F1one year] with consent of defender to decree), or section 1(2)(e) (no cohabitation for [F2two] years) [F3 or section 1(1)(b) (issue of interim gender recognition certificate) F4], of the M1Act of 1976;
(b)in an application under section 1(2)(d) of the Act of 1976, the other party consents to decree of divorce being granted;
(c)no other proceedings are pending in any court which could have the effect of bringing the marriage to an end;
(d)there are no children of the marriage under the age of 16 years;
(e)neither party to the marriage applies for an order for financial provision on divorce; F5. . .
(f)neither party to the marriage suffers from mental disorder [F6; and.
[F7(g)neither party to the marriage applies for postponement of decree under section 3A of the Act of 1976 M2(postponement of decree where impediment to religious marriage exists).]]
(2)If an application ceases to be one to which this Part applies at any time before final decree, it shall be deemed to be abandoned and shall be dismissed.
(3)In this Part “simplified divorce application” means an application mentioned in paragraph (1).
Textual Amendments
F1Words in Sch. 1 rule 33.73(1)(a) substituted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(36)(a)(i)}
F2Word in Sch. 1 rule 33.73(1)(a) substituted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(36)(a)(ii)}
F3Words in Sch. 1 rule 33.73(1)(a) inserted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(36)(a)(iii)}
F4Section 1(1)(b) was inserted by paragraph 6 of Schedule 2 to the Gender Recognition Act 2004 (c. 7).
F5Word in Sch. 1 rule 33.73(1)(e) omitted (4.5.2006) by virtue of Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(36)(b)}
F6Sch. 1 rule 33.73(1)(g) and word inserted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(36)(c)}
F7Sch. 1 rule 33.73(1)(g) substituted (29.1.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007 (S.S.I. 2007/6), para. 2(15)
Marginal Citations
M2Section 3A was inserted by section 15 of the Family Law (Scotland) Act 2006 (asp 2).