SCHEDULES

SCHEDULE 19Family homes and domestic violence: Northern Ireland

Part 1Amendments of the Family Homes and Domestic Violence (Northern Ireland) Order (SI 1998/1071 (NI 6))

12

1

Amend Article 13 (one former spouse with no existing right to occupy) as follows.

2

In paragraph (1)(a) and (b), after “former spouse” insert “ or former civil partner ”.

3

For paragraph (1)(c) substitute—

c

the dwelling house—

i

in the case of former spouses, was at any time their matrimonial home or was at any time intended by them to be their matrimonial home, or

ii

in the case of former civil partners, was at any time their civil partnership home or was at any time intended by them to be their civil partnership home.

4

In paragraph (2), after “former spouse” (in both places) insert “ or former civil partner ”.

5

In paragraph (6)(f), after “marriage” insert “ or civil partnership ”.

6

After paragraph (6)(g)(i), insert—

ia

for a property adjustment order under Part 2 of Schedule 15 to the Civil Partnership Act 2004;

7

In paragraph (9)(a), after “former spouses” insert “ or former civil partners ”.

8

In paragraphs (11) and (12), after “former spouse” insert “ or former civil partner ”.

9

For paragraph (13)(a) and (b) substitute—

a

as if he were B (the person entitled to occupy the dwelling-house by virtue of that Article); and

b

as if the respondent were A (the person entitled as mentioned in paragraph (1)(a) of that Article).

10

In the heading to Article 13, after “former spouse” insert “ or former civil partner ”.