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Family Law (Scotland) Act 1985
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17 Financial provision on declarator of nullity of marriage.S
(1)Subject to the following provisions of this section, the provisions of this Act shall apply to actions for declarator of nullity of marriage [F1or of a civil partnership] as they apply to actions for divorce [F2or for dissolution of a civil partnership]; and in this Act, unless the context otherwise requires, “action for divorce ” includes an action for declarator of nullity of marriage [F3and “action for dissolution of a civil partnership” includes an action for declarator of nullity of a civil partnership] and, in relation to such an action, “decree”[F4, “divorce” and “dissolution of a civil partnership”] shall be construed accordingly.
(2)In an action for declarator of nullity of marriage [F5or of nullity of a civil partnership], it shall be competent for either party to claim interim aliment under section 6(1) of this Act notwithstanding that he denies the existence of the marriage [F6or civil partnership].
(3)Any rule of law by virtue of which either party to an action for declarator of nullity of marriage may require restitution of property upon the granting of such declarator shall cease to have effect.
Textual Amendments
F1Words in s. 17(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 23(2)(a); S.S.I. 2005/604, arts. 2(c), 4
F2Words in s. 17(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 23(2)(b); S.S.I. 2005/604, arts. 2(c), 4
F3Words in s. 17(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 23(2)(c); S.S.I. 2005/604, arts. 2(c), 4
F4Words in s. 17(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 23(2)(d); S.S.I. 2005/604, arts. 2(c), 4
F5Words in s. 17(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 23(3)(a); S.S.I. 2005/604, arts. 2(c), 4
F6Words in s. 17(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 23(3)(b); S.S.I. 2005/604, arts. 2(c), 4
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