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
”
.