SCHEDULES

SCHEDULE 9Family homes and domestic violence

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

6

(1)

Amend section 35 (one former spouse with no existing right to occupy) as follows.

(2)

In subsection (1)(a) and (b), after “former spouse” insert “ or former civil partner ”.

(3)

For subsection (1)(c) substitute—

“(c)

the dwelling-house—

(i)

in the case of former spouses, was at any time their matrimonial home or was at any time intended by them to be their matrimonial home, or

(ii)

in the case of former civil partners, was at any time their civil partnership home or was at any time intended by them to be their civil partnership home.”

(4)

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

(5)

In subsection (6)(f), after “marriage” insert “ or civil partnership ”.

(6)

After subsection (6)(g)(i), insert—

“(ia)

for a property adjustment order under Part 2 of Schedule 5 to the Civil Partnership Act 2004;”.

(7)

In subsection (9)(a), after “former spouses” insert “ or former civil partners ”.

(8)

In subsections (11) and (12), after “former spouse” insert “ or former civil partner ”.

(9)

For subsection (13)(a) and (b) substitute—

“(a)

as if he were B (the person entitled to occupy the dwelling-house by virtue of that section); and

(b)

as if the respondent were A (the person entitled as mentioned in subsection (1)(a) of that section).”

(10)

In the heading to section 35, after “former spouse” insert “ or former civil partner ”.