Rule 33.55 Applications for financial provision after overseas divorce or annulmentF4

Scotland

(1)

An application under M1section 28 of the Act of 1984 for an order for financial provision after a divorce or annulment in an overseas country shall be made by initital writ.

(2)

An application for an order in an action to which paragraph (1) applies made before final decree under—

(a)

section 13 of the M2Act of 1981(transfer of tenancy of matrimonal home),

(b)

section 29(4) of the Act of 1984 for interim periodical allowance, or

(c)

section 14(4) of the Act of 1985 (variation or recall of incidental order),

shall be made by motion.

(3)

An application for an order in an action to which paragraph (1) applies made after final decree under—

(a)

section 12(4) of the Act of 1985 (variation of date or method of payment of capital sum or date of transfer of property),

(b)

section 13(4) of the Act of 1985 (variation, recall, backdating or conversion F1of periodical allowance), or

(c)

section 14(4) of the Act of 1985 (variation or recall of incidental order),

shall be made by minute in the process of the action to which the application relates.

F2(4)

An application under–

(a)

paragraph (5) of section 12A of the Act of 1985 (recall or variation of order in respect of a pension lump sum), or

(b)

paragraph (7) of that section (variation of order in respect of pension lump sum to substitute trustees or managers),

shall be made by minute in the process of the action to which the application relates.

F3(5)

Where a minute has been lodged under paragraph (3), any party may apply by motion for an interim order pending the determination of the application.

Annotations

Textual amendments

F1: Word in Sch. 1 rule 33.55(3)(b) substituted (1.11.1996) by S.I. 1996/2445, para. 3(51)(b)
F2: Sch. 1 rule 33.55(4) inserted (1.11.1996) by S.I. 1996/2445, para. 3(51)(d)
F3: Sch. 1 rule 33.55(4) renumbered as Sch. 1 rule 33.55(5) (1.11.1996) by S.I. 1996/2445, para. 3(51)(c)
F4: Words in Sch. 1 rule 33.55 heading inserted (1.11.1996) by S.I. 1996/2445, para. 3(51)(a)

Marginal citations

M1: Section 28 was extended by section 29A (inserted by the Act of 1985, Schedule 1, paragraph 12) to an annulment.
M2: 1981 c.51; section 13(2) was amended by the Act of 1985, Schedule 1, paragraph 11.

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