Domicile and Matrimonial Proceedings Act 1973 (c. 45)

SCHEDULES

SCHEDULE 1 E+W STAYING OF MATRIMONIAL PROCEEDINGS (ENGLAND AND WALES)

Interpretation E+W

1 E+W The following five paragraphs have effect for the interpretation of this Schedule.

2 E+W “Matrimonial proceedings” means any proceedings so far as they are one or more of the five following kinds[F1 (whether relating to a marriage of a man and a woman or a marriage of a same sex couple)], namely, proceedings for—

• divorce,

• judicial separation,

• nullity of marriage,

• a declaration as to the validity of a marriage of the petitioner, and

• a declaration as to the subsistence of such a marriage.

Textual Amendments

F1 Words in Sch. 1 para. 2 inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 9; S.I. 2014/93, art. 3(j)(i)

3 (1) “Another jurisdiction” means any country outside England and Wales. E+W

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

4 (1) References to the trial or first trial in any proceedings do not include references to the separate trial of an issue as to jurisdiction only. E+W

(2) For purposes of this Schedule, proceedings in the court are continuing if they are pending and not stayed.

Prospective

F2 [ 4A (1) “Statement of marital breakdown” has the same meaning as in the Family Law Act 1996. E+W

(2) “ Relevant statement ” in relation to any marital proceedings, means—

(a) the statement of marital breakdown with which the proceedings commenced; or

(b) if the proceedings are for the conversion of a separation order into a divorce order under section 4 of the Family Law Act 1996, the statement of marital breakdown by reference to which the separation order was made.]

Textual Amendments

F2 S. 4A inserted (prosp.) by 1996 c. 27, ss. 19(5), 67(3), Sch. 3 para. 4 (with Sch. 9 para. 5)

5 E+W Any 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.

6 E+W “Prescribed” means prescribed by rules of court.