Civil Partnership Act 2004

21 (1) Amend section 14 (incidental orders) as follows.

(2) In subsection (1), at the end insert “or of dissolution of a civil partnership”.

(3) In subsection (2)—

(a) in paragraph (c), after “marriage” insert “, or as the case may be the partners,”,

(b) in paragraph (d), the existing words “the matrimonial home” become sub-paragraph (i), after that sub-paragraph insert “or” and the following sub-paragraph—

“(ii) the family home of the partnership,”,

and for “party to the marriage” substitute “person”,

(c) in paragraph (e), for “parties” substitute “persons”, the existing words “the matrimonial home” become sub-paragraph (i) and after that sub-paragraph insert “or” and the following sub-paragraph—

“(ii) the family home of the partnership,”,

(d) in paragraph (g), for “party to the marriage” substitute “person”, and

(e) in paragraph (h), at the end insert “or in any corresponding settlement in respect of the civil partnership”.

(4) In subsection (3), for “decree of divorce” substitute “the decree”.

(5) After subsection (5) insert—

“(5A) So long as an incidental order granting a partner in a civil partnership the right to occupy a family home or the right to use furnishings and plenishings therein remains in force then—

(a) section 102(1), (2), (5)(a) and (9) of the Civil Partnership Act 2004, and

(b) subject to section 15(3) of this Act, section 111 of that Act,

shall, except to the extent that the order otherwise provides, apply in relation to the order in accordance with subsection (5B).

(5B) Those provisions apply—

(a) as if that partner were a non-entitled partner and the other partner were an entitled partner within the meaning of section 101 or 106(2) of that Act as the case may require,

(b) as if the right to occupy a family home under that order were a right specified in paragraph (a) or (b) of section 101(1) of that Act, and

(c) with any other necessary modification.”

(6) In subsection (7), at the end insert “or of dissolution of a civil partnership”.