Part III E+W Financial Relief in England and Wales After Overseas Divorce etc.

Orders for transfer of tenancies E+W

22 Powers of the court in relation to certain tenancies of dwelling-houses. E+W

Where an application is made by a party to a marriage for an order for financial relief then, if—

(a) one of the parties to the marriage is entitled, either in his or her own right or jointly with the other party, to occupy a dwelling-house situated in England or Wales by virtue of such a tenancy [F1 or assured agricultural occupancy] as is mentioned in paragraph 1(1) of Schedule 1 to the M1 Matrimonial Homes Act 1983 (certain statutory tenancies), and

(b) the dwelling-house has at some time during the marriage been a matrimonial home of the parties to the marriage,

the court may make in relation to that dwelling-house any order which it could make under Part II of that Schedule if a decree of divorce, a decree of nullity of marriage or a decree of judicial separation in respect of the marriage had been granted in England and Wales; and the provisions of paragraphs 5 and 8(1) in Part III of that Schedule shall apply in relation to any order made under this section as they apply in relation to an order made under Part II of that Schedule.

Textual Amendments

F1 Words inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 140(1), Sch. 17 para.36

Marginal Citations

M1 1983 c. 19.