8 Jurisdiction of sheriff court in respect of actions for separation
Domicile and Matrimonial Proceedings Act 1973 (1973 c 45) | Legislation

8  Jurisdiction of sheriff court in respect of actions for separation

(1)     Subsections (2) to [(6)] below shall have effect, subject to section 12(6) of this Act, with respect to the jurisdiction of the sheriff court to entertain—

[(za)     an action for declarator of marriage;]

[(a)]     an action for separation [or divorce] [. . .

(b)     an action for declarator of recognition, or non-recognition, of a relevant foreign decree][; and

(c)     an action for declarator of nullity of marriage].

(2)     The court shall have jurisdiction to entertain an action for separation [or divorce] [. . .] if (and only if)—

[(a)     either of the parties to the marriage—

(i)     is domiciled in Scotland on the date when the action is begun, or

(ii)     was habitually resident in Scotland throughout the period of one year ending with that date, and]

(b)     either party to the marriage—

(i)     was resident in the sheriffdom for a period of forty days ending with that date, or

(ii)     had been resident in the

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