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Domicile and Matrimonial Proceedings Act 1973

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Domicile and Matrimonial Proceedings Act 1973 is up to date with all changes known to be in force on or before 23 April 2019. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. Part I DOMICILE

    1. Husband and wife

      1. 1. Abolition of wife’s dependent domicile.

      2. 2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. Minors and pupils

      1. 3. Age at which independent domicile can be acquired.

      2. 4. Dependent domicile of child not living with his father.

  3. Part II JURISDICTION IN MATRIMONIAL PROCEEDINGS (ENGLAND AND WALES)

    1. 5. Jurisdiction of High Court and family court.

    2. 6. Miscellaneous amendments, transitional provision and savings.

  4. Part III JURISDICTION IN CONSISTORIAL CAUSES (SCOTLAND)

    1. 7. Jurisdiction of Court of Session.

    2. 8. Jurisdiction of sheriff court in respect of actions for separation.

    3. 8A.Same sex marriages

    4. 9.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. 10. Ancillary and collateral orders.

    6. 11. Sisting of certain actions.

    7. 12. Supplementary.

  5. Part IV

    1. 13, 14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  6. Part V MISCELLANEOUS AND GENERAL

    1. 15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. 16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. 17. Citation, etc.

  7. SCHEDULES

    1. SCHEDULE A1

      Jurisdiction in relation to marriage of same sex couples

      1. 1.Introduction

      2. 2.Divorce, judicial separation or annulment

      3. 3.Presumption of death order

      4. 4.Declaration of validity

      5. 5. Power to make provision corresponding to EC Regulation 2201/2003

      6. 6.Interpretation

    2. SCHEDULE 1

      STAYING OF MATRIMONIAL PROCEEDINGS (ENGLAND AND WALES)

      1. Interpretation

        1. 1.The following five paragraphs have effect for the interpretation of...

        2. 2.“Matrimonial proceedings” means any proceedings so far as they are...

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

        4. 4.(1) References to the trial or first trial in any...

        5. 5.Any reference in this Schedule to proceedings in another jurisdiction...

        6. 6.“Prescribed” means prescribed by rules of court.

      2. Duty to furnish particulars of concurrent proceedings in another jurisdiction

        1. 7.While matrimonial proceedings are pending in the court in respect...

      3. Obligatory stays

        1. 8.(1) Where before the beginning of the trial or first...

      4. Discretionary stays

        1. 9.(1) Where before the beginning of the trial or first...

      5. Supplementary

        1. 10.(1) Where an order staying any proceedings is in force...

        2. 11.(1) The provisions of sub-paragraphs (2) and (3) below shall...

    3. SCHEDULE 1B

      JURISDICTION IN RELATION TO SAME SEX MARRIAGES (SCOTLAND)

      1. Introduction

        1. 1.(1) This Schedule has effect with respect to the jurisdiction...

      2. Power to make provision corresponding to EC Regulation 2201/2003

        1. 2.(1) The Scottish Ministers may by regulations make provision—

      3. Divorce or separation

        1. 3.(1) The Court of Session has jurisdiction to entertain proceedings...

      4. Declarator of marriage

        1. 4.(1) In relation to a same sex marriage, the Court...

      5. Nullity of marriage

        1. 5.(1) The Court of Session has jurisdiction to entertain proceedings...

      6. Recognition, or non-recognition, of foreign decrees

        1. 6.(1) The Court of Session has jurisdiction to entertain proceedings...

      7. Supplementary provision

        1. 7.(1) Paragraph 3(1) does not affect any rule of law...

    4. SCHEDULE 2

      ANCILLARY AND COLLATERAL ORDERS (SCOTLAND)

      1. Part I

        1. Enactments and rules of law referred to in section 10(1) and in Schedule 3 paragraph 11(1)

          1. 1, 2.. . . . . . . . . ....

          2. 2A.Any enactment or rule of law empowering a court to...

          3. 3.Paragraph (2) of section 5 of the Sheriff Courts (Scotland)...

          4. 4.Section 9 (orders with respect to children) of the Conjugal...

          5. 5.Section 10 of the Matrimonial Proceedings (Children) Act 1958 so...

          6. 6.Section 13 (power to prohibit in certain cases removal of...

          7. 7.Any enactment or rule of law empowering a court to...

      2. Part II

        1. Further enactments and rules of law referred to in section 10(1)

          1. 8.. . . . . . . . . ....

          2. 9.Section 2 (effect of divorce on property rights) of the...

          3. 10.Section 10 of the Matrimonial Proceedings (Children) Act 1958, so...

          4. 11.Section 12 (power of court to provide for supervision of...

          5. 12.Section 26 (orders for financial provision on divorce) and section...

          6. 12A.Section 5 (orders for financial provision) and section 6 (orders...

          7. 12B.Section 8 (orders for financial provision on divorce), section 17(1)...

          8. 13.Any rule of law empowering a court, in connection with...

          9. 14.Any rule of law empowering a court to make an...

          10. 15.Any enactment or rule of law empowering a court to...

    5. SCHEDULE 3

      SISTING OF CONSISTORIAL ACTIONS (SCOTLAND)

      1. Interpretation

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

        2. 2.“Consistorial action” means any action so far as it is...

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

        4. 4.For the purposes of this Schedule— (a) in any action...

        5. 5.Any reference in this Schedule to proceedings in another jurisdiction...

        6. 6.“Prescribed” means prescribed by rules of court.

      2. Duty to furnish particulars of concurrent proceedings in another jurisdiction

        1. 7.While any consistorial action is pending in the Court of...

      3. Mandatory sists

        1. 8.Where before the beginning of the proof in any action...

      4. Discretionary sists

        1. 9.(1) Where before the beginning of the proof in any...

      5. Supplementary

        1. 10.(1) Where an action is sisted in pursuance of paragraph...

        2. 11.(1) The provisions of sub-paragraphs (2) and (3) below shall...

    6. SCHEDULE 4

      CONSEQUENTIAL AMENDMENTS OF SCOTTISH ENACTMENTS

      1. 1.In section 6 of the Sheriff Courts (Scotland) Act 1907,...

      2. 2.. . . . . . . . . ....

    7. SCHEDULE 5

      . . .

    8. SCHEDULE 6

      Repeals

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