Matrimonial interdicts
10Matrimonial interdicts
1
Section 14 of the 1981 Act (matrimonial interdicts) shall be amended in accordance with subsections (2) and (3).
2
For paragraph (b) of subsection (2) there shall be substituted—
b
subject to subsection (3), prohibits a spouse from entering or remaining in—
i
a matrimonial home;
ii
any other residence occupied by the applicant spouse;
iii
any place of work of the applicant spouse;
iv
any school attended by a child in the permanent or temporary care of the applicant spouse.
3
After subsection (2) there shall be added—
3
Subsection (4) applies if in relation to a matrimonial home the non-applicant spouse—
a
is an entitled spouse; or
b
has occupancy rights.
4
Except where subsection (5) applies, the court may not grant a matrimonial interdict prohibiting the non-applicant spouse from entering or remaining in the matrimonial home.
5
This subsection applies if—
a
the interdict is ancillary to an exclusion order; or
b
by virtue of section 1(3), the court refuses leave to exercise occupancy rights.
6
In this section and in sections 15 to 17, “applicant spouse” means the spouse who has applied for the interdict; and “non-applicant spouse” shall be construed accordingly.