[SCHEDULE A1 Jurisdiction in Relation to Marriage of Same Sex Couples]
Domicile and Matrimonial Proceedings Act 1973 (1973 c 45) | Legislation

[SCHEDULE A1 Jurisdiction in Relation to Marriage of Same Sex Couples]

[Introduction

1

This Schedule shall have effect, subject to section 6(3) and (4), with respect to the jurisdiction of the court to entertain any of the following proceedings in relation to a marriage of a same sex couple—

(a)     proceedings for divorce, judicial separation or nullity of marriage;

(b)     proceedings for an order which ends a marriage on the ground that one of the couple is dead; and

(c)     proceedings for a declaration of validity.

Divorce, judicial separation or annulment

2

(1)     The court has jurisdiction to entertain proceedings for divorce or judicial separation if (and only if)—

(a)     the court has jurisdiction under regulations under paragraph 5,

(b)     no court has, or is recognised as having, jurisdiction under regulations under paragraph 5 and either of the married same sex couple is domiciled in England and Wales on the date when the proceedings are begun, or

(c)     the following conditions are met—

(i)     the two people concerned married each other under the law of England and Wales,

(ii)     no court has, or is recognised as having, jurisdiction under regulations under paragraph 5, and

(iii)

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