SCHEDULES

SCHEDULE 9Family homes and domestic violence

Part 1Amendments of the Family Law Act 1996 (c. 27)

1

1

Amend section 30 (rights concerning matrimonial home where one spouse has no estate, etc.) as follows.

2

In subsection (1)—

a

in paragraph (a)—

i

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

ii

for “that spouse” substitute “ A ”.

b

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

3

In subsection (2)—

a

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

b

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

c

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

4

In subsection (3)—

a

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

b

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

5

In subsection (4)—

a

for “A spouse's” substitute “ B's ”,

b

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

c

in 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 subsection (5)—

a

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

b

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

c

for “the second spouse” substitute “ A ”, and

d

for “the first spouse against the second spouse” substitute “ B against A ”.

7

In subsection (6)—

a

for “a spouse” substitute “ B ”, and

b

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

8

In subsection (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 subsection (8)—

a

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

b

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

c

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

10

In subsection (9)—

a

for “a spouse” (in both places) substitute “ a person ”, and

b

for “matrimonial home rights” substitute “ home rights ”.

11

In the heading to section 30, 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 ”.