Rule 33.73 Application and interpretation of this Part

Scotland

(1)

This Part applies to an application for divorce by a party to a marriage made in the manner prescribed in rule 33.74 (form of applications) if, but only if—

(a)

that party relies on the facts set out in section 1(2)(d) (no cohabitation for F1one year with consent of defender to decree), or section 1(2)(e) (no cohabitation for F2two years) F3 or section 1(1)(b) (issue of interim gender recognition certificate) F4, of the M1Act of 1976;

(b)

in an application under section 1(2)(d) of the Act of 1976, the other party consents to decree of divorce being granted;

(c)

no other proceedings are pending in any court which could have the effect of bringing the marriage to an end;

(d)

there are no children of the marriage under the age of 16 years;

(e)

neither party to the marriage applies for an order for financial provision on divorce; F5. . .

(f)

neither party to the marriage suffers from mental disorder F6; and.

(F7g)

neither party to the marriage applies for postponement of decree under section 3A of the Act of 1976 M2(postponement of decree where impediment to religious marriage exists).

(2)

If an application ceases to be one to which this Part applies at any time before final decree, it shall be deemed to be abandoned and shall be dismissed.

(3)

In this Part “simplified divorce application” means an application mentioned in paragraph (1).

Annotations

Textual amendments

F1: Words in Sch. 1 rule 33.73(1)(a) substituted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(36)(a)(i)}
F2: Word in Sch. 1 rule 33.73(1)(a) substituted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(36)(a)(ii)}
F3: Words in Sch. 1 rule 33.73(1)(a) inserted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(36)(a)(iii)}
F4: Section 1(1)(b) was inserted by paragraph 6 of Schedule 2 to the Gender Recognition Act 2004 (c. 7).
F5: Word in Sch. 1 rule 33.73(1)(e) omitted (4.5.2006) by virtue of Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(36)(b)}
F6: Sch. 1 rule 33.73(1)(g) and word inserted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(36)(c)}
F7: Sch. 1 rule 33.73(1)(g) substituted (29.1.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007 (S.S.I. 2007/6), para. 2(15)

Marginal citations

M1: 1976 c.39.
M2: Section 3A was inserted by section 15 of the Family Law (Scotland) Act 2006 (asp 2).

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