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Rule 33A.14 Notices in certain actions of dissolution of civil partnership or separation of civil partners

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In the following actions of dissolution of civil partnership or separation of civil partners there shall be attached to the copy of the initial writ served on the defender–

(a)

in an action relying on section 117(3)(c) of the Act of 2004 (no cohabitation for F1one year with consent of defender to decree)–

(i)

which is an action of dissolution of civil partnership, a notice in Form CP20 and a notice of consent in Form CP21;

(ii)

which is an action of separation of civil partners, a notice in Form CP22 and a form of notice of consent in Form CP23;

(b)

in an action relying on section 117(3)(d) of the Act of 2004 (no cohabitation for F2two years)–

(i)

which is an action of dissolution of civil partnership, a notice in Form CP24;

(ii)

which is an action of separation of civil partners, a notice in Form CP25.

F3(c)

in an action relying on section 117(2)(b) of the Act of 2004 (grounds of dissolution: interim gender recognition certificate), a notice in Form CP25A.

(2)

The certificate of citation of an initial writ in an action mentioned in paragraph (1) shall state which notice or form mentioned in paragraph (1) has been attached to the initial writ.

Annotations

Textual amendments

F1

Words in Sch. 1 rule 33A.14(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(46)(a)}

F2

Word in Sch. 1 rule 33A.14(1)(b) 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(46)(b)}

F3

Sch. 1 rule 33A.14(1)(c) 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(46)(c)}

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