Part III

JURISDICTION IN CONSISTORIAL CAUSES (SCOTLAND)

Jurisdiction of Court of Session.
7
1
Subsections (2A) to (10) below shall have effect, subject to section 12(6) of this Act, with respect to the jurisdiction of the Court of Session to entertain—
a
an action for divorce, separation, declarator of nullity of marriage or, declarator of marriage, ... ; and
aa
an action for declarator of recognition, or non-recognition, of a relevant foreign decree.
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2A
The Court shall have jurisdiction to entertain an action for divorce or separation if (and only if)
either of the parties to the marriage
–
a
is domiciled in Scotland on the date when the action is begun, or
b
was habitually resident in Scotland throughout the period of one year ending with that date.
3
The Court shall have jurisdiction to entertain an action for declarator of marriage . . . if (and only if) either of the parties to the marriage—
a
is domiciled in Scotland on the date when the action is begun; or
b
was habitually resident in Scotland throughout the period of one year ending with that date; or
c
died before that date and either—
i
was at death domiciled in Scotland, or
ii
had been habitually resident in Scotland throughout the period of one year ending with the date of death.
3A
The Court shall have jurisdiction to entertain an action for declarator of nullity of marriage
or for declarator of recognition, or non-recognition, of a relevant foreign decree
if (and only if)
either of the parties to the marriage
–
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a
is domiciled in Scotland on the date when the action is begun,
b
was habitually resident in Scotland throughout the period of one year ending with that date, or
c
died before that date and either—
i
was at death domiciled in Scotland, or
ii
had been habitually resident in Scotland throughout the period of one year ending with the date of death.
3B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The Court shall, at any time when proceedings are pending in respect of which it has jurisdiction by virtue of subsection 2 , (2A), (3) or (3A) above (or of this subsection), also have jurisdiction to entertain other proceedings, in respect of the same marriage, for divorce, separation or declarator of marriage or, declarator of nullity of marriage ..., notwithstanding that jurisdiction would not be exercisable under any of those subsections.
5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Nothing in this section affects the rules governing the jurisdiction of the Court of Session to entertain, in an action for divorce, an application for payment by a co-defender of damages or expenses.
7
The foregoing provisions of this section are without prejudice to any rule of law whereby the Court of Session has jurisdiction in certain circumstances to entertain actions for separation as a matter of necessity and urgency.
8
No action for divorce in respect of a marriage shall be entertained by the Court of Session by virtue of this section while proceedings for divorce or nullity of marriage, begun before the commencement of this Act, are pending (in respect of the same marriage) in England and Wales, Northern Ireland, the Channel Islands or the Isle of Man; and provision may be made by rules of court as to when, for the purposes of this subsection, proceedings are to be treated as begun or pending in any of those places.
9
In this section, “relevant foreign decree” means a decree of divorce, nullity or separation granted outwith
the United Kingdom, the Channel Islands and the Isle of Man
.
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.
S. 7(1)(b), (4) repealed by Presumption of Death (Scotland) Act 1977 (c. 27, SIF 116:2), s. 19, Sch. 2
S. 7(2A) inserted (1.3.2001) by S.S.I. 2001/36, reg. 2(2)(b) (with reg. 6)
Words in s. 7(3) repealed (1.3.2001) by S.S.I. 2001/36, reg. 2(2)(c) (with reg. 6)
S. 7(3A)(3B) inserted (1.3.2001) by S.S.I. 2001/36, reg. 2(2)(d) (with reg. 6)
Words in s. 7(1) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 37(2)(a)(i), 46(2); S.S.I. 2006/212, art. 2 (with art. 4)
S. 7(1)(aa) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 37(2)(a)(ii), 46(2); S.S.I. 2006/212, art. 2 (with art. 4)
Word in s. 7(1)(a) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 2 para. 1(a)(i); S.S.I. 2006/212, art. 2 (with art. 4)
Words in s. 7(1)(a) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 2 para. 1(a)(ii); S.S.I. 2006/212, art. 2 (with art. 4)
S. 7(2) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 2 para. 1(b); S.S.I. 2006/212, art. 2 (with art. 4)
Words in s. 7(3A) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 37(2)(b), 46(2); S.S.I. 2006/212, art. 2 (with art. 4)
S. 7(5A) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 1(2)(d) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 7(3A) inserted (31.12.2020) by The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 1(2)(b)(i) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 7(3A) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 1(2)(b)(ii) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 7(3A) substituted (31.12.2020) by The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 1(2)(b)(iii) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 7(9) substituted (31.12.2020) by The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 1(2)(e) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 7(2A) inserted (31.12.2020) by The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 1(2)(a)(i) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)
S. 7(3B) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 1(2)(c) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)
S. 7(2A)(a)(b) substituted (31.12.2020) by The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 1(2)(a)(ii) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 7(5) substituted (1.3.2001) by S.S.I. 2001/36, reg. 2(2)(e)(i) (with reg. 6)
Word in s. 7(5) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 2 para. 1(c)(i); S.S.I. 2006/212, art. 2 (with art. 4)
Words in s. 7(5) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 2 para. 1(c)(ii); S.S.I. 2006/212, art. 2 (with art. 4)
Words in s. 7(5) substituted (1.3.2001) by S.S.I. 2001/36, reg. 2(2)(e)(ii) (with reg. 6)
Words in s. 7(8) substituted (1.3.2001) by S.S.I. 2001/36, reg. 2(2)(g) (with reg. 6)
S. 7(9)(10) added (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 37(2)(c), 46(2); S.S.I. 2006/212, art. 2 (with art. 4)