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The Family Homes and Domestic Violence (Northern Ireland) Order 1998


This is the original version (as it was originally made).

Additional provisions that may be included in occupation orders

18.—(1) The court may on, or at any time after, making an occupation order—

(a)impose on either party obligations as to—

(i)the repair and maintenance of the dwelling-house; or

(ii)the discharge of rent, mortgage payments or other outgoings affecting the dwelling-house;

(b)order a party occupying the dwelling-house or any part of it (including a party who is entitled to do so by virtue of a beneficial estate or a contract or by virtue of any statutory provision giving him the right to remain in occupation) to make periodical payments to the other party in respect of the accommodation, if the other party would (but for the order) be entitled to occupy the dwelling-house by virtue of a beneficial estate or a contract or by virtue of any such statutory provision;

(c)grant either party possession or use of furniture or other contents of the dwelling-house;

(d)order either party to take reasonable care of any furniture or other contents of the dwelling-house;

(e)order either party to take reasonable steps to keep the dwelling-house and any furniture or other contents secure;

(f)prohibit either party from damaging or interfering with services in the dwelling-house or any premises specified in the occupation order;

(g)order either party to repair the damage or restore services or to pay the other party or another person a sum specified in the order where the first-mentioned party has before the making of the occupation order—

(i)damaged the dwelling-house or its contents or damaged or interfered with services in the dwelling-house;

(ii)damaged any premises specified in the occupation order or the contents of those premises or damaged or interfered with services in those premises.

(2) In deciding whether and, if so, how to exercise its powers under this Article, the court shall have regard to all the circumstances of the case including—

(a)the financial needs and financial resources of the parties, and

(b)the financial obligations which they have, or are likely to have in the foreseeable future, including financial obligations to each other and to any relevant child.

(3) An order under this Article ceases to have effect when the occupation order to which it relates ceases to have effect.

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