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))

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(1)

Amend Schedule 2 (transfer of certain tenancies on divorce etc. or on separation of cohabitees) as follows.

(2)

In paragraph 1(2), before the definition of “cohabitee” insert—

““civil partner”, except in paragraph 2, includes (where the context requires) former civil partner;”.

(3)

In paragraph 2(1), after “spouse” (in both places) insert “ or civil partner ”.

(4)

For paragraph 2(2) substitute—

“(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 15 to the Civil Partnership Act 2004 with respect to the civil partnership.”

(5)

In paragraph 2(3), after “spouse” insert “ or civil partner ”.

(6)

Omit “or” at the end of paragraph 4(1)(a) and insert—

“(aa)

in the case of civil partners, a civil partnership home; or”.

(7)

In paragraph 5(a), after “spouses” insert “ , civil partners ”.

(8)

In paragraph 6, after “spouse” (in both places) insert “ , civil partner ”.

(9)

In paragraph 7(1) and (2), after “spouse” (in each place) insert “ , civil partner ”.

(10)

For paragraph 7(3) substitute—

“(3)

If the spouse, civil partner or cohabitee so entitled is a successor within the meaning of Chapter 2 of Part 2 of the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))—

(a)

his former spouse (or, in the case of judicial separation, his spouse),

(b)

his former civil partner (or, if a separation order is in force, his civil partner), or

(c)

his former cohabitee,

is to be deemed also to be a successor within the meaning of that Chapter.”

(11)

In paragraph 8(1) and (2)(a) and (b), after “spouse” insert “ , civil partner ”.

(12)

In paragraph 8(3), after “widower” insert “ or surviving civil partner ”.

(13)

In paragraph 9(1) (in both places), after “spouse” insert “ , civil partner ”.

(14)

In paragraph 10(1), after “spouses” insert “ , civil partners ”.

(15)

In paragraph 10(2), after “spouse” insert “ , civil partner ”.

(16)

For paragraph 11 and the heading preceding it, substitute—

“Date when order made between spouses or civil partners takes effect

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The date specified in a Part II order as the date on which the order is to take effect must not be earlier than—

(a)

in the case of a marriage in respect of which a decree of divorce or nullity has been granted, the date on which the decree is made absolute;

(b)

in the case of a civil partnership in respect of which a dissolution or nullity order has been made, the date on which the order is made final.”

(17)

For paragraph 12 and the heading preceding it substitute—

“Effect of remarriage or subsequent civil partnership

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(1)

If after the grant of a decree dissolving or annulling a marriage either spouse remarries or forms a civil partnership, that spouse is not entitled to apply, by reference to the grant of that decree, for a Part II order.

(2)

If after the making of a dissolution or nullity order either civil partner forms a subsequent civil partnership or marries, that civil partner is not entitled to apply, by reference to the making of that order, for a Part II order.

(3)

In sub-paragraphs (1) and (2)—

(a)

the references to remarrying and marrying, include references to cases where the marriage is by law void or voidable, and

(b)

the references to forming a civil partnership, include references to cases where the civil partnership is by law void or voidable.”

(18)

In paragraph 14(1)—

(a)

after “spouse” insert “ or civil partner ”, and

(b)

for “spouse’s matrimonial home rights” substitute “ spouse’s or civil partner’s home rights ”.

(19)

In paragraph 14(2), after “spouse” insert “ , civil partner ”.