New marriage and civil partnership rules to come into effect

Nov 20, 2014

New court rules consequent on the coming into force of the Marriage and Civil Partnership (Scotland) Act 2014 are due to come into effect.

The Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment No.2) (Marriage and Civil Partnership (Scotland) Act 2014) 2014 (SSI 2014/302) comes into force on 16 December 2014.

The Act of Sederunt amends the Rules of the Court of Session and the Ordinary Cause Rules to make provision concerning actions for declarator of recognition, or non-recognition, of foreign decrees relating to same-sex marriages.

It also makes provisions to require a pursuer in an action of divorce under section 1(1)(b) of the Divorce (Scotland) Act 1976 Act to state whether or not the party issued with an interim gender recognition certificate has since been issued with a full gender recognition certificate by the Gender Recognition Panel.

Further provisions amend the Rules of the Court of Session and the Summary Application Rules consequent on changes to the Gender Recognition Act 2004 affected by the 2014 Act.

Finally, certain forms prescribed in the Rules of the Court of Session, the Ordinary Cause Rules, the Summary Application Rules and the Sheriff Court Adoption Rules will be amended principally to replace gender-specific references that have been superseded by the 2014 Act.

Providing Feedback

The SCJC welcomes feedback on any aspect of court rules.

Please email your comments to the Secretariat scjc@scotcourts.gov.uk