Divorce (Scotland) Act 1976
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Change 1
3 Action for divorce following on decree of separation.
(1) The court may grant decree in an action for divorce notwithstanding that decree of separation has previously been granted to the pursuer on the same, or substantially the same, facts as those averred in support of the action for divorce; and in any such action (other than an action for divorce by reason of section 1(2)(a) of this Act) the court may treat an extract decree of separation lodged in process as sufficient proof of the facts upon which such decree was granted. (2) Nothing in this section shall entitle the court to grant decree of divorce without receiving evidence from the pursuer.
3 Action for divorce following on decree of separation.
(1) The court may grant decree in an action for divorce notwithstanding that decree of separation has previously been granted to the pursuer on the same, or substantially the same, facts as those averred in support of the action for divorce; and in any such action (other than an action for divorce by reason of section 1(2)(a) of this Act) the court may treat an extract decree of separation lodged in process as sufficient proof of the facts upon which such decree was granted. (2) Nothing in this section shall entitle the court to grant decree of divorce without receiving evidence from the pursuer.
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