Domicile and Matrimonial Proceedings Act 1973
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Change 1
6 Miscellaneous amendments, transitional provision and savings.
(1) In section 27(2) of the Matrimonial Causes Act 1973 (which excludes the court’s jurisdiction on a maintenance application unless it would have jurisdiction to decree judicial separation), for the words from “unless” onwards there shall be substituted the words unless— (a) the applicant or the respondent is domiciled in England and Wales on the date of the application ; or (b) the applicant has been habitually resident there throughout the period of one year ending with that date; or (c) the respondent is resident there on that date. (2) In subsection (1) of section 50 of the Matrimonial Causes Act 1973 (scope of the Matrimonial Causes Rules), the word “or” at the end of paragraph (c) shall be omitted and after paragraph (d) there shall be inserted the following words or (e) any enactment contained in Part II of or Schedule I to the Domicile and Matrimonial Proceedings Act 1973 which does not fall within paragraph (d) above. (3) No proceedings for divorce shall be entertained by the court by virtue of section 5(2) or (5) of this Act , or by virtue of Schedule A1 to this Act, while proceedings for divorce or nullity of marriage, begun before the commencement of this Act, are pending (in respect of the same marriage) in Scotland, Northern Ireland, the Channel Islands or the Isle of Man; and provision may be made by rules of court as to when for the purposes of this subsection proceedings are to be treated as begun or pending in any of those places. (4) Nothing in this Part of this Act— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) affects the court’s jurisdiction to entertain any proceedings begun before the commencement of this Act.
6 Miscellaneous amendments, transitional provision and savings.
(1) In section 27(2) of the Matrimonial Causes Act 1973 (which excludes the court’s jurisdiction on a maintenance application unless it would have jurisdiction to decree judicial separation), for the words from “unless” onwards there shall be substituted the words unless— (a) the applicant or the respondent is domiciled in England and Wales on the date of the application ; or (b) the applicant has been habitually resident there throughout the period of one year ending with that date; or (c) the respondent is resident there on that date. (2) In subsection (1) of section 50 of the Matrimonial Causes Act 1973 (scope of the Matrimonial Causes Rules), the word “or” at the end of paragraph (c) shall be omitted and after paragraph (d) there shall be inserted the following words or (e) any enactment contained in Part II of or Schedule I to the Domicile and Matrimonial Proceedings Act 1973 which does not fall within paragraph (d) above. (3) No proceedings for divorce shall be entertained by the court by virtue of section 5(2) or (5) of this Act , or by virtue of Schedule A1 to this Act, while proceedings for divorce or nullity of marriage, begun before the commencement of this Act, are pending (in respect of the same marriage) in Scotland, Northern Ireland, the Channel Islands or the Isle of Man; and provision may be made by rules of court as to when for the purposes of this subsection proceedings are to be treated as begun or pending in any of those places. (4) Nothing in this Part of this Act— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) affects the court’s jurisdiction to entertain any proceedings begun before the commencement of this Act.
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