Family Law (Scotland) Act 2006 (asp 2)

SCHEDULE 1 S Amendments of the Civil Partnership Act 2004

3 S In section 101 (right of civil partner without title to occupy family home)—

(a) after subsection (6) there shall be inserted—

“(6A) Subject to subsection (5), if—

(a) there has been no cohabitation between an entitled partner and a non-entitled partner during a continuous period of two years, and

(b) during that period the non-entitled partner has not occupied the family home,

the non-entitled partner shall, on the expiry of that period, cease to have occupancy rights in the family home.

(6B) A non-entitled partner who has ceased to have occupancy rights by virtue of subsection (6A) may not apply to the court for an order under section 103(1).”; and

(b) in subsection (7)—

(i) in the definition of “child of the family”, for the words from “a”, where it first occurs, to “family”, there shall be substituted “ any child or grandchild of either civil partner, and any person who has been brought up or treated by either civil partner as if the person were a child of that partner, whatever the age of such a child, grandchild or person ”; and

(ii) in the definition of “family”, for “so accepted”, there shall be substituted “ , grandchild or person so treated ”.

Commencement Information

I1 Sch. 1 para. 3 in force at 4.5.2006 by S.S.I. 2006/212, art. 2 (with art. 3)