Explanatory Note
(This note is not part of the Order)
This Order provides that the requirement of section 8(3) of the Civil Evidence (Scotland) Act 1988 should not apply to a specified class of divorce action.
Section 8(3) requires that evidence to establish the grounds of action for divorce cases, among others, must consist of or include evidence from a source other than that of a party to the marriage. By means of this Order that requirement is not to apply to actions of divorce brought on the basis of 2 years non-cohabitation and with consent of the defender or of 5 years non-cohabitation where in both cases the action is undefended and certain other criteria are fulfilled. These are actions in which a simplified divorce procedure is available either in the Court of Session under Rule 170E to 170L of the Court of Session Rules (S.I. 1965/321 as amended by S.I. 1982/1679) or in the sheriff court under Ordinary Cause Rules 135 to 143 (the First Schedule to the Sheriff Courts (Scotland) Act 1907 (c. 51) as substituted by S.I. 1983/747 and subsequently amended by S.I. 1984/255, S.I. 1986/1230 and S.I. 1986/1946).