SCOTLAND Law and Practice Contributed by: Ciara Wilson, Gillian Crandles and Lauren McDonach, Turcan Connell
actions in the sheriff court) is sent to the relevant sheriff court for warranting. Upon review of the papers, a sheriff shall issue a warrant, which is the court’s authority to serve the proceedings on the defender. Once the initial writ is warranted, the documen - tation can then be served either by post, using first-class recorded delivery, or personally on the defender by a sheriff officer (process servers). The sheriff officer shall serve the documentation personally on the defender or can leave the initial writ in the hands of a resident at the person’s dwelling place or with an employee at their place of business. Where a sheriff officer is unsuccess - ful in executing service, they may, after making diligent enquiries, serve the documentation by depositing at the person’s dwelling place or place of business, or leave it at the dwelling or place of business in such a way that it will be brought to the defender’s attention. Alternatively, the defender’s solicitor can accept service on the defender’s behalf with their authority. Court of Session The summons (the initiating document which sets out the detail of the claim in ordinary civil actions in the Court of Session) is sent to the Court of Session for signetting. A judge shall review the papers and return the signetted sum - mons, which is the court’s authority to serve the proceedings on the defender. Once the summons is signetted, the documents can then be served either by post to the known dwelling place of the defender, or personally by “messengers at arms” (process servers). The messengers at arms shall serve the documenta - tion personally on the defender or can leave the documentation in the hands of another person at the person’s dwelling place or, failing which, by leaving it in their dwelling place if after enquir -
ing they have reasonable grounds to believe the defender resides there. The messenger at arms can also deposit it with someone at, or at, the defender’s place of business if they have rea - sonable grounds to believe the defender carries on business there. Alternatively, the defender’s solicitor can accept service on the defender’s behalf, with their authority. Religious Marriages and Divorces The Marriage (Scotland) Act 1977 regulates marriage in Scotland. Religious marriages are treated similarly to civil marriages in the sense that the following steps are required to ensure the marriage is solemnised. • Each of the parties must submit to the district registrar a marriage notice stating their inten - tion to marry not more than three months before the date of marriage, and not later than 29 days before the ceremony is to take place. • The marriage must be solemnised by an approved celebrant or registrar in the pres - ence of two witnesses who are over the age of 16. • Following the ceremony, the parties, together with the approved celebrant or registrar, are required to sign the marriage schedule. • In the case of a civil ceremony, the registrar shall return the signed marriage schedule to the registrar’s office for registration. Where parties opt for a religious or belief ceremony, they must personally return the schedule to the local registrar after the wedding and within three days of the ceremony. The above-mentioned formalities must be com - plied with in order for the marriage to exist. The means by which to obtain a divorce in Scot - land are the same irrespective of whether par -
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