# Domicile and Matrimonial Proceedings Act 1973, Paragraph 6


(1) 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) ... either party to the marriage—
(i) is domiciled in Scotland on the date on which the proceedings are begun , or was habitually resident in Scotland throughout the period of one year ending with that date, or
(ii) died before that date and either was at death domiciled in Scotland or had been habitually resident in Scotland throughout the period of one year ending with the date of death.
(2) 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)—
(a) the requirements of ... sub-paragraph (1) are met, and
(b) either party to the marriage—
(i) was resident in the sheriffdom for a period of 40 days ending with the date on which the proceedings are begun, or
(ii) had been resident in the sheriffdom for a period of not less than 40 days ending not more than 40 days before that date, and has no known residence in Scotland on that date.

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Source: https://www.legislation.gov.uk/ukpga/1973/45/schedule/1B/paragraph/6 (the official version)
Page: https://openlegislation.uk/domicile-and-matrimonial-proceedings-act-1973/schedule-1B/paragraph-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.