Family Law (Scotland) Act 1985
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Change 1
17 Financial provision on declarator of nullity of marriage.
(1) Subject to the following provisions of this section, the provisions of this Act shall apply to actions for declarator of nullity of marriage or of a civil partnership as they apply to actions for divorce or for dissolution of a civil partnership; and in this Act, unless the context otherwise requires, “action for divorce ” includes an action for declarator of nullity of marriage and “action for dissolution of a civil partnership” includes an action for declarator of nullity of a civil partnership and, in relation to such an action, “decree”, “divorce” and “dissolution of a civil partnership” shall be construed accordingly. (2) In an action for declarator of nullity of marriage or of nullity of a civil partnership, it shall be competent for either party to claim interim aliment under section 6(1) of this Act notwithstanding that he denies the existence of the marriage or civil partnership. (3) Any rule of law by virtue of which either party to an action for declarator of nullity of marriage may require restitution of property upon the granting of such declarator shall cease to have effect.
17 Financial provision on declarator of nullity of marriage.
(1) Subject to the following provisions of this section, the provisions of this Act shall apply to actions for declarator of nullity of marriage or of a civil partnership as they apply to actions for divorce or for dissolution of a civil partnership; and in this Act, unless the context otherwise requires, “action for divorce ” includes an action for declarator of nullity of marriage and “action for dissolution of a civil partnership” includes an action for declarator of nullity of a civil partnership and, in relation to such an action, “decree”, “divorce” and “dissolution of a civil partnership” shall be construed accordingly. (2) In an action for declarator of nullity of marriage or of nullity of a civil partnership, it shall be competent for either party to claim interim aliment under section 6(1) of this Act notwithstanding that he denies the existence of the marriage or civil partnership. (3) Any rule of law by virtue of which either party to an action for declarator of nullity of marriage may require restitution of property upon the granting of such declarator shall cease to have effect.
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