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))

3

1

Amend Article 4 (rights concerning matrimonial home where one spouse has no estate, etc.) as follows.

2

In paragraph (1)—

a

in sub-paragraph (a)—

i

after “one spouse” insert “ or civil partner (“A”) ”, and

ii

for “that spouse” substitute “ A ”,

b

in sub-paragraph (b), after “other spouse” insert “ or civil partner (“B”) ”.

3

In paragraph (2)—

a

for “the spouse not so entitled” substitute “ B ”,

b

for “(“matrimonial home rights”)” substitute “ (“home rights”) ”, and

c

in sub-paragraph (a), for “the other spouse” substitute “ A ”.

4

In paragraph (3)—

a

for “a spouse” and for “that spouse” substitute “ B ”, and

b

for “the other spouse” (in both places) substitute “ A ”.

5

In paragraph (4)—

a

for “A spouse's” substitute “ B's ”,

b

in sub-paragraph (a), for “by the other spouse as the other spouse's” substitute “ by A as A's ”, and

c

in sub-paragraph (b)—

i

for “the spouse occupies the dwelling-house as that spouse's” substitute “ B occupies the dwelling-house as B's ”, and

ii

for “by the other spouse as the other spouse's” substitute “ by A as A's ”.

6

In paragraph (5)—

a

for “a spouse (“the first spouse”)” substitute “ B ”, and

b

in sub-paragraph (b), for “the other spouse (“the second spouse”)” substitute “ A ”,

c

for “the second spouse” (in both places) substitute “ A ”, and

d

for “the first spouse” substitute “ B ”.

7

In paragraph (6)—

a

for “a spouse” substitute “ B ”, and

b

for “the other spouse” (in both places) substitute “ A ”.

8

In paragraph (7), for the words from first “which” to the end substitute

which—

a

in the case of spouses, has at no time been, and was at no time intended by them to be, a matrimonial home of theirs; and

b

in the case of civil partners, has at no time been, and was at no time intended by them to be, a civil partnership home of theirs.

9

In paragraph (8)—

a

for “A spouse’s matrimonial home rights” substitute “ B’s home rights ”,

b

in sub-paragraph (a), after “marriage” insert “ or civil partnership ”, and

c

in sub-paragraph (b), for “the other spouse” substitute “ A ”.

10

In paragraph (9)—

a

for “a spouse” substitute “ a person ”,

b

for “matrimonial home rights” substitute “ home rights ”, and

c

after “spouses” insert “ or civil partners ”.

11

In the heading to Article 4, for “matrimonial home where one spouse” substitute “ home where one spouse or civil partner ” and, in the preceding cross-heading, after “matrimonial” insert “ or civil partnership ”.