Domicile and Matrimonial Proceedings Act 1973 in Northern Ireland

Subject to subsection (2) below, the domicile of a married woman as at any time after the coming into force of this section shall, instead of being the same as her husband’s by virtue only of marriage, be ascertained by reference to the same factors as in the case of any other individual capable of having an independent domicile.

Where immediately before this section came into force a woman was married and then had her husband’s domicile by dependence, she is to be treated as retaining that domicile (as a domicile of choice, if it is not also her domicile of origin) unless and until it is changed by acquisition or revival of another domicile either on or after the coming into force of this section.

This section extends to England and Wales, Scotland and Northern Ireland.

The time at which a person first becomes capable of having an independent domicile shall be when he attains the age of sixteen or marries under that age; and in the case of a person who immediately before 1st January 1974 was incapable of having an independent domicile, but had then attained the age of sixteen or been married, it shall be that date.

This section extends to England and Wales and Northern Ireland (but not to Scotland).

Subsection (2) of this section shall have effect with respect to the dependent domicile of a child as at any time after the coming into force of this section when his father and mother are alive but living apart.

The child’s domicile as at that time shall be that of his mother if—

As at any time after the coming into force of this section, the domicile of a child whose mother is dead shall be that which she last had before she died if at her death he had her domicile by virtue of subsection (2) above and he has not since had a home with his father.

Nothing in this section prejudices any existing rule of law as to the cases in which a child’s domicile is regarded as being, by dependence, that of his mother.

In this section, “ child ” means a person incapable of having an independent domicile; . . . F2

This section extends to England and Wales, Scotland and Northern Ireland.

Sections 7 and 8 do not apply in relation to marriages between persons of the same sex.

Schedule 1B (jurisdiction in relation to same sex marriages (Scotland)) has effect.

This Act may be cited as the Domicile and Matrimonial Proceedings Act 1973.

Subject to sections 6(4), 12(6) and 14(3) of this Act, the enactments specified in Schedule 6 to this Act (including certain enactments of the Parliament of Northern Ireland) are hereby repealed to the extent specified in the third column of that Schedule.

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Part II of this Act extends to England and Wales only; Part III extends to Scotland only; . . . F2 and this part extends to the whole of the United Kingdom.

This Act shall come into force on 1st January 1974.

proceedings for divorce, judicial separation or nullity of marriage;

proceedings for an order which ends a marriage on the ground that one of the couple is dead; and

proceedings for a declaration of validity.

The court has jurisdiction to entertain proceedings for divorce or judicial separation if (and only if)—

The court has jurisdiction to entertain proceedings for nullity of marriage if (and only if)—

At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of sub-paragraph (1) or (2) (or this sub-paragraph), the court also has jurisdiction to entertain other proceedings, in respect of the same marriage, for divorce, judicial separation or nullity of marriage, even though that jurisdiction would not be exercisable under subsection (1) or (2).

at the time the application is made, the High Court does not have jurisdiction to entertain an application by the applicant under section 1 of the Presumption of Death Act 2013 for a declaration that the applicant's spouse is presumed to be dead, and

the two people concerned married each other under the law of England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.

either of the parties to the marriage to which the application relates—

the two people concerned married each other under the law of England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.

The Lord Chancellor may by regulations make provision—

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Regulations under this paragraph are to be made by statutory instrument.

A statutory instrument containing regulations under this paragraph may not be made unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by resolution of, each House of Parliament.

a declaration as to the validity of a marriage,

a declaration as to the subsistence of a marriage, or

a declaration as to the validity of a divorce, annulment or judicial separation obtained outside England and Wales in respect of a marriage.

“Another jurisdiction” means any country outside England and Wales.

“Related jurisdiction” means any of the following countries, namely, Scotland, Northern Ireland, Jersey, Guernsey and the Isle of Man (the reference to Guernsey being treated as including Alderney and Sark).

References to the trial or first trial in any proceedings do not include references to the separate trial of an issue as to jurisdiction only.

For purposes of this Schedule, proceedings in the court are continuing if they are pending and not stayed.

This Schedule has effect with respect to the jurisdiction of the Court of Session and of the sheriff court to entertain, in relation to same sex marriages, proceedings for—

References in this Schedule to “relevant proceedings” are to such proceedings as are mentioned in sub-paragraph (1).

In this Schedule—

• “ relevant foreign decree ” means a decree of divorce, separation or nullity granted outwith F2the United Kingdom, the Channel Islands and the Isle of Man,

• “ same sex marriage ” means a marriage between persons of the same sex.

The Court of Session has jurisdiction to entertain proceedings for the divorce or separation of the parties to a same sex marriage if (and only if) F2either of the parties to the marriage —

The sheriff court has jurisdiction to entertain proceedings for the divorce or separation of the parties to a same sex marriage if (and only if)—

Despite sub-paragraph (2), the sheriff court of the sheriffdom of Lothian and Borders at Edinburgh also has jurisdiction to entertain proceedings for the divorce or separation of the parties to a same sex marriage if the following requirements are met—

In relation to a same sex marriage, the Court of Session has jurisdiction to entertain proceedings for declarator of marriage if (and only if) either of the parties to the marriage—

In relation to a same sex marriage, the sheriff court has jurisdiction to entertain proceedings for declarator of marriage if (and only if)—

The Court of Session has jurisdiction to entertain proceedings for declarator of nullity of a same sex marriage if (and only if)—

The sheriff court has jurisdiction to entertain proceedings for declarator of nullity of a same sex marriage if (and only if)—

Despite sub-paragraph (2), the sheriff court of the sheriffdom of Lothian and Borders at Edinburgh also has jurisdiction to entertain proceedings for declarator of nullity of a same sex marriage if the following requirements are met—

The Court of Session has jurisdiction to entertain proceedings for declarator of recognition, or non-recognition, of a relevant foreign decree relating to a same sex marriage if (and only if) F2... either party to the marriage—

The sheriff court has jurisdiction to entertain proceedings for declarator of recognition, or non-recognition, of a relevant foreign decree relating to a same sex marriage if (and only if)—

Paragraph 3(1) does not affect any rule of law under which the Court of Session has jurisdiction in certain circumstances to entertain proceedings for separation as a matter of necessity and urgency.

Paragraphs 3 and 5 do not affect any jurisdiction of a sheriff court to entertain any proceedings for separation, divorce or declarator of nullity of marriage remitted to the court under any enactment or rule of courtF2....

At any time when proceedings are pending in respect of which a court has jurisdiction by virtue of any of paragraphs 3 to 6 (or this paragraph), the court also has jurisdiction to entertain other proceedings, in respect of the same marriage, for divorce, separation or declarator of marriage or of nullity of marriage even though that jurisdiction would not be exercisable under any of paragraphs 3 to 6.

“Another jurisdiction” means any country outside Scotland.

“Related jurisdiction” means any of the following countries, namely, England and Wales, Northern Ireland, Jersey, Guernsey and the Isle of Man (the reference to Guernsey being treated as including Alderney and Sark).

in any action in the Court of Session or a sheriff court neither the taking of evidence on commission nor a separate proof relating to any preliminary plea shall be regarded as part of the proof in the action; and

any such action is continuing if it is pending and not sisted.

he knows to be continuing in another jurisdiction; and

are in respect of that marriage or capable of affecting its validity.

that in respect of the same marriage proceedings for divorce or nullity of marriage are continuing in a related jurisdiction; and

that the parties to the marriage have resided together after the marriage was contracted; and

that the place where they resided together when the action in the Court was begun or, if they did not then reside together, where they last resided together before the date on which that action was begun is in that jurisdiction; and

that either of the said parties was habitually resident in that jurisdiction throughout the year ending with the date on which they last resided together before the date on which that action was begun;

Where before the beginning of the proof in any consistorial action which is continuing in the Court of Session or in a sheriff court, it appears to the court concerned—

the court may then if it thinks fit sist that action.

In considering the balance of fairness and convenience for the purposes of sub-paragraph (1)(b) above, the court shall have regard to all factors appearing to be relevant, including the convenience of witnesses and any delay or expense which may result from the proceedings being sisted, or not being sisted.

Sub-paragraph (1) above is without prejudice to the duty imposed . . . F1by paragraph 8 above.

If, at any time after the beginning of the proof in any consistorial action which is pending in the Court of Session or a sheriff court, the court concerned is satisfied that a person has failed to perform the duty imposed on him in respect of the action and any such other proceedings as aforesaid by paragraph 7 above, sub-paragraph (1) of this paragraph shall have effect in relation to that action and to the other proceedings as if the words “before the beginning of the proof” were omitted; but no action in respect of the failure of a person to perform such a duty shall be competent.

Where an action is sisted in pursuance of paragraph 8 or 9 above, the court may if it thinks fit, on the application of a party to the action, recall the sist if it appears to the court that the other proceedings by reference to which the action was sisted are sisted or concluded or that a party to those other proceedings has delayed unreasonably in prosecuting those other proceedings.

Where an action has been sisted in pursuance of paragraph 8 above by reference to some other proceedings, and the court recalls the sist in pursuance of the preceding sub-paragraph, the court shall not again sist the action in pursuance of the said paragraph 8.