SCHEDULES

SCHEDULE 9Family homes and domestic violence

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

8

1

Amend section 37 (neither spouse entitled to occupy) as follows.

2

After subsection (1) insert—

1A

This section also applies if—

a

one civil partner or former civil partner and the other civil partner or former civil partner occupy a dwelling-house which is or was the civil partnership home; but

b

neither of them is entitled to remain in occupation—

i

by virtue of a beneficial estate or interest or contract; or

ii

by virtue of any enactment giving him the right to remain in occupation.

3

In subsection (3)(b), for “spouses” substitute “ parties ”.

4

In the heading to section 37, after “spouse” insert “ or civil partner ”.