Rule 33.2 Averments in certain family actions about other proceedingsF4

Scotland

(1)

This rule applies to an action of divorce F1, separation, declarator of marriage or declarator of nullity of marriage.

(2)

In an action to which this rule applies, the pursuer shall state in the condescendence of the initial writ—

(a)

whether to his knowledge any proceedings are continuing in Scotland or in any other country in respect of the marriage to which the initial writ relates or are capable of affecting its validity or subsistence; and

(b)

where such proceedings are continuing—

(i)

the court, tribunal or authority before which the proceedings have been commenced;

(ii)

the date of commencement;

(iii)

the names of the parties;

(iv)

the date, or expected date of any proof (or its equivalent) in the proceedings; and

(v)

such other facts as may be relevant to the question of whether or not the action before the sheriff should be sisted under Schedule 3 to the Domicile and Matrimonial Proceedings Act 1973 F2... F3or the 1996 Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, signed at the Hague on 19th October 1996.

(3)

Where—

(a)

such proceedings are continuing;

(b)

the action before the sheriff is defended; and

(c)

either—

(i)

the initial writ does not contain the statement referred to in paragraph (2)(a), or

(ii)

the particulars mentioned in paragraph (2)(b) as set out in the initial writ are incomplete or incorrect,

any defences or minute, as the case may be, lodged by any person to the action shall include that statement and, where appropriate, the further or correct particulars mentioned in paragraph (2)(b).

Annotations

Textual amendments

F1: Words in Sch. 1 rule 33.2(1) substituted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), paras. 1, 2(15)(ii)
F2: Words in Sch. 1 rule 33.2(2)(b)(v) omitted (1.3.2021) by virtue of Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021 (S.S.I. 2021/75), paras. 1(2), 3(2) (with para. 4)
F3: Words in Sch. 1 rule 33.2(2)(b)(v) inserted (1.11.2012) by Act of Sederunt (Jurisdiction in Respect of Parental Responsibility and Measures for the Protection of Children Rules) 2011 (S.S.I. 2011/192), paras. 1(1), 9(2)
F4: Sch. 1 rule 33.2 heading substituted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), paras. 1, 2(15)(i)

Notes on Schedule First

Textual amendments

F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1: Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
C2: Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))
C3: Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5