Family Law (Scotland) Act 2006

Jurisdiction

37 Jurisdiction: actions for declarator of recognition of certain foreign decrees

(1) The Domicile and Matrimonial Proceedings Act 1973 (c. 45) shall be amended in accordance with subsections (2) and (3).

(2) In section 7 (jurisdiction of Court of Session in certain consistorial causes)—

(a) in subsection (1)—

(i) for “(2) to (8)” there shall be substituted “(2A) to (10)”; and

(ii) at the end there shall be inserted—

“(aa) an action for declarator of recognition, or non-recognition, of a relevant foreign decree.”;

(b) in subsection (3A), after “marriage”, where it first occurs, there shall be inserted “or for declarator of recognition, or non-recognition, of a relevant foreign decree”; and

(c) after subsection (8) there shall be added—

“(9) In this section, “relevant foreign decree” means a decree of divorce, nullity or separation granted outwith a member state of the European Union.

(10) References in subsection (3A) to a marriage shall, in the case of an action for declarator of recognition, or non-recognition, of a relevant foreign decree, be construed as references to the marriage to which the relevant foreign decree relates.”.

(3) In section 8 (jurisdiction of sheriff court in certain consistorial causes)—

(a) in subsection (1)—

(i) for “(4)” there shall be substituted “(6)”;

(ii) the words from “an” to the end shall become paragraph (a) of that subsection; and

(iii) at the end there shall be added “and

(b) an action for declarator of recognition, or non-recognition, of a relevant foreign decree.”;

(b) in subsection (2), after “divorce” there shall be inserted “or for declarator of recognition, or non-recognition, of a relevant foreign decree”; and

(c) after subsection (4) there shall be added—

“(5) In this section, “relevant foreign decree” has the meaning given by section 7(9).

(6) References in subsection (2) to a marriage shall, in the case of an action for declarator of recognition, or non-recognition, of a relevant foreign decree, be construed as references to the marriage to which the relevant foreign decree relates.”.