Commentary on Sections Part 5 – Civil partnerships formed or dissolved abroad etc.Introduction Chapter 3 - Dissolution etc.: jurisdiction and recognition Section 225: Jurisdiction of Scottish courts
440.Sections 225 to 227 extend only to Scotland.Subsections (1) and (2) govern the jurisdiction of the Court of Session and the sheriff court to hear applications for the dissolution of a civil partnership or for separation of civil partners. They may entertain such proceedings if they have jurisdiction under any Scottish regulations made under section 219 or, in cases where no court has jurisdiction under those regulations, where either civil partner is domiciled in Scotland on the date the proceedings begin. Where an action is raised in the sheriff court then an additional test of 40 days residence in the sheriffdom will need to be satisfied. The Court of Session alone will also have jurisdiction where the parties registered as civil partners in Scotland, no court has jurisdiction under section 219 regulations and the court is satisfied that it is in the interests of justice to assume jurisdiction.
441.Under subsection (3), the Court of Session will have jurisdiction in an action for declarator of nullity of a civil partnership in circumstances largely corresponding to those in subsection (1), but with additional provision where one of the ostensible civil partners has died. Subsection (4) makes provision for proceedings parallel to an action already raised.