{
  "url": "https://openlegislation.uk/evidence-in-divorce-actions-scotland-order-1989/note",
  "json_url": "https://openlegislation.uk/evidence-in-divorce-actions-scotland-order-1989/note.json",
  "legislation": "uksi/1989/582",
  "legislation_title": "The Evidence in Divorce Actions (Scotland) Order 1989",
  "legislation_url": "https://openlegislation.uk/evidence-in-divorce-actions-scotland-order-1989",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order provides that the requirement of section 8(3) of the Civil Evidence (Scotland) Act 1988 should not apply to a specified class of divorce action.\nSection 8(3) requires that evidence to establish the grounds of action for divorce cases, among others, must consist of or include evidence from a source other than that of a party to the marriage. By means of this Order that requirement is not to apply to actions of divorce brought on the basis of 2 years non-cohabitation and with consent of the defender or of 5 years non-cohabitation where in both cases the action is undefended and certain other criteria are fulfilled. These are actions in which a simplified divorce procedure is available either in the Court of Session under Rule 170E to 170L of the Court of Session Rules (S.I. 1965/321 as amended by S.I. 1982/1679) or in the sheriff court under Ordinary Cause Rules 135 to 143 (the First Schedule to the Sheriff Courts (Scotland) Act 1907 (c. 51) as substituted by S.I. 1983/747 and subsequently amended by S.I. 1984/255, S.I. 1986/1230 and S.I. 1986/1946).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1989/582/note",
    "retrieved_at": "2026-10-29T15:46:06.007695+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}