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Version Superseded: 06/04/2022
Point in time view as at 03/01/2019.
There are currently no known outstanding effects for the Family Law Act 1996, Part I.
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1E+WIn this Schedule—
[F1“civil partner”, except in paragraph 2, includes (where the context requires) former civil partner;]
“cohabitant”, except in paragraph 3, includes (where the context requires) former cohabitant;
[F2“the court” means the High Court or the family court,]
“landlord” includes—
any person from time to time deriving title under the original landlord; and
“Part II order” means an order under Part II of this Schedule;
“a relevant tenancy” means—
a protected tenancy or statutory tenancy within the meaning of the Rent Act 1977;
a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976;
an assured tenancy or assured agricultural occupancy within the meaning of Part I of the M4Housing Act 1988; [F4or
an introductory tenancy within the meaning of Chapter I of Part V of the Housing Act 1996;
“spouse”, except in paragraph 2, includes (where the context requires) former spouse; and
“tenancy” includes sub-tenancy.]
Textual Amendments
F1Sch. 7 para. 1: definition of "civil partner" inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 16(2); S.I. 2005/3175, art. 2(1), Sch. 1
F2Definition in Sch. 7 para. 1 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 145; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F3Word in Sch. 7 para. 1(c) omitted (12.2.1997) by virtue of S.I. 1997/74, art. 2, Sch. para. 10(b)(i)
F4Sch. 7 para. 1(e) and preceding word inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 10(b)(i)
Marginal Citations
2(1)This paragraph applies if one spouse [F5or civil partner] is entitled, either in his own right or jointly with the other spouse [F5or civil partner], to occupy a dwelling-house by virtue of a relevant tenancy.E+W
[F6(2)The court may make a Part II order—
(a)on granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter (whether, in the case of a decree of divorce or nullity of marriage, before or after the decree is made absolute), or
(b)at any time when it has power to make a property adjustment order under Part 2 of Schedule 5 to the Civil Partnership Act 2004 with respect to the civil partnership.]
Textual Amendments
F5Words in Sch. 7 para. 2(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 16(3); S.I. 2005/3175, art. 2(1), Sch. 1
F6Sch. 7 para. 2(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 16(4); S.I. 2005/3175, art. 2(1), Sch. 1
3(1)This paragraph applies if one cohabitant is entitled, either in his own right or jointly with the other cohabitant, to occupy a dwelling-house by virtue of a relevant tenancy.E+W
(2)If the cohabitants cease [F7to cohabit], the court may make a Part II order.
Textual Amendments
F7Words in Sch. 7 para. 3(2) substituted (5.12.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 42(2); S.I. 2005/3196, art. 2(c)
4E+WThe court shall not make a Part II order unless the dwelling-house is or was—
(a)in the case of spouses, a matrimonial home; F8. . .
[F9(aa)in the case of civil partners, a civil partnership home; or]
(b)in the case of cohabitants, a home in which they [F10cohabited].
Textual Amendments
F8Word in Sch. 7 para. 4(a) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 261(4), 263, Sch. 9 para. 16(5), Sch. 30; S.I. 2005/3175, art. 2(1)(6), Sch. 1
F9Sch. 7 para. 4(aa) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 16(5); S.I. 2005/3175, art. 2(1), Sch. 1
F10Words in Sch. 7 para. 4(b) substituted (5.12.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 42(3); S.I. 2005/3196, art. 2(c)
5E+WIn determining whether to exercise its powers under Part II of this Schedule and, if so, in what manner, the court shall have regard to all the circumstances of the case including—
(a)the circumstances in which the tenancy was granted to either or both of the spouses [F11, civil partners] or cohabitants or, as the case requires, the circumstances in which either or both of them became tenant under the tenancy;
(b)the matters mentioned in section 33(6)(a), (b) and (c) and, where the parties are cohabitants and only one of them is entitled to occupy the dwelling-house by virtue of the relevant tenancy, the further matters mentioned in section 36(6)(e), (f), (g) and (h); and
(c)the suitability of the parties as tenants.
Textual Amendments
F11Words in Sch. 7 para. 5(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 16(6); S.I. 2005/3175, art. 2(1), Sch. 1
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