Overview

The UK formally left the European Union (EU) on 31st January 2020, and the transitional period ended on 31st December 2020. As a result of legislation repealing Council Regulation EC 2201/2003 the grounds of jurisdiction for divorces and dissolutions changed in relation to applications received by courts after the end of the transitional period. 

The Act of Sederunt  (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021 which comes into force on 1 March 2021 makes changes to the court rules and prescribed application forms as a consequence of the UK leaving the EU, in particular ensuring the grounds of jurisdiction comply with the current legislation.

The grounds of jurisdiction that now apply in both the Court of Session and the Sheriff Court are that either parties of the marriage or either civil partner–

(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. 

In addition jurisdiction in the sheriff court requires either of the parties of the marriage or either civil partner to have lived –

(a) at the address shown in the application for at least 40 days immediately before the date the applicant signed this application; or

(b) at the address shown in the application for a period of at least 40 days ending not more than 40 days before the date the applicant signed this application and have no known residence in Scotland at that date.