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 1st March 2021 and 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 new prescribed forms of application in the sheriff court are now available on the SCTS website - http://www.scotcourts.gov.uk/rules-and-practice/forms/sheriff-court-forms/simplified-divorce-and-simplified-dissolution-of-civil-partnership-forms
The new forms for use in the Court of Session will be made available prior to the commencement date of 1st March.
Further information on the Simplified Divorce and Dissolution Procedures is available - http://www.scotcourts.gov.uk/taking-action/divorce-and-dissolution-of-civil-partnership/simplified-do-it-yourself-procedure”
The SCJC welcomes feedback on any aspect of court rules. Please email your comments to the Secretariat.