Scottish Statutory Instrument 2003 No. 25

Act of Sederunt (Ordinary Cause Rules) Amendment (Form of Simplified Divorce Application) 2003

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(a) in form F31, in part 1 in section 3 (jurisdiction) for parts A and B substitute parts A, B and C as set out in the Schedule to this Act of Sederunt; and

(b) in form F33, in part 1-


(i) in section 5 (Children of the Marriage) delete "5.";

(ii) in section 6 (jurisdiction) for Parts A and B substitute Parts A, B and C as set out in the Schedule to this Act of Sederunt; and

(iii) renumber sections 6 to 13 as sections 5 to 12.

W DOUGLAS CULLEN
Lord President I.P.D.

Edinburgh
17th January 2003

Paragraph 2(2)


AMENDMENTS TO FORMS F31 AND F33

PART A
(i) My spouse and I are habitually resident in Scotland
(ii) My spouse and I were last habitually resident in Scotland, and one of us still resides there
(iii) My spouse is habitually resident in Scotland
(iv) I am habitually resident in Scotland having resided there for at least a year immediately before this application was made
(v) I am habitually resident in Scotland having resided there for at least six months immediately before this application was made and am domiciled in Scotland
(vi) My spouse and I are domiciled in Scotland
Part B applies where the defender is not a national of a Contracting State (other than the UK or Ireland) or domiciled in Ireland
PART B
(i) I consider myself to be domiciled in Scotland
(ii) My spouse considers himself or herself to be domiciled in Scotland
AND
(iii) No court of a Contracting State has jurisdiction under the Council Regulation
PART C
(i) I have lived at the address shown above for at least 40 days immediately before the date I signed this application
(ii) My spouse has lived at the address shown above for at least 40 days immediately before the date I signed this application

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[2] 1907 c.51. Schedule 1 was substituted by S.I. 1993/1956 and amended by S.I. 1996/2167 and 2445, and by S.S.I. 2000/239 and 408, 2001/8 and 144, and 2002/7 and 128 and 560.back