Commentary on Sections Part 3 - Civil Partnerships: Scotland.Introduction Chapter 5 – Dissolution, Separation and Nullity Section 121: Dissolution following on decree of separation
233.If a couple that has a decree of separation subsequently decide to dissolve their civil partnership, this section provides that they may apply to the court giving the same evidence upon which a decree of separation was based. The court can treat a decree of separation as proof of the facts under which the decree was granted. However, this does not entitle a court to grant a decree of dissolution of a civil partnership without receiving evidence from the civil partner seeking the dissolution.