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

  1. Introductory Text

  2. Introductory

    1. 1.Title and commencement

    2. 2.Interpretation

    3. 3.Meaning of “cohabitees”, “relevant child” and “associated persons”

  3. Rights to occupy matrimonial home

    1. 4.Rights concerning matrimonial home where one spouse has no estate, etc.

    2. 5.Effect of matrimonial home rights as charge on dwelling-house

    3. 6.Registration, etc. of matrimonial charge

    4. 7.Restriction on registration where spouse entitled to more than one matrimonial charge

    5. 8.Cancellation of registration of matrimonial charge before completion of disposal of dwelling-house

    6. 9.Cancellation of registration after termination of marriage, etc.

    7. 10.Release of matrimonial home rights and postponement of priority of matrimonial charge

  4. Occupation orders

    1. 11.Occupation orders where applicant has estate, etc. or has matrimonial home rights

    2. 12.Effect of order under Article 11 where rights are a charge on dwelling-house

    3. 13.One former spouse with no existing right to occupy

    4. 14.One cohabitee or former cohabitee with no existing right to occupy

    5. 15.Neither spouse entitled to occupy

    6. 16.Neither cohabitee nor former cohabitee entitled to occupy

    7. 17.Supplementary provisions

    8. 18.Additional provisions that may be included in occupation orders

    9. 19.Additional considerations if parties are cohabitees or former cohabitees

  5. Non-molestation orders

    1. 20.Non-molestation orders

  6. Further provisions relating to occupation and non-molestation orders

    1. 21.Leave of court required for applications by children under 16

    2. 22.Evidence of agreement to marry

    3. 23.Ex parte orders

    4. 24.Variation and discharge of orders

  7. Enforcement

    1. 25.Offences

    2. 26.Power of arrest without warrant

    3. 27.Further powers of court of summary jurisdiction

  8. Orders under the Children (Northern Ireland) Order 1995

    1. 28.Residence and contact orders

    2. 29.Interim care orders and emergency protection orders

  9. Transfer of tenancies

    1. 30.Transfer of certain tenancies

  10. Dwelling-house subject to mortgage

    1. 31.Dwelling-house subject to mortgage

    2. 32.Actions by mortgagees: joining connected persons as parties

    3. 33.Actions by mortgagees: service of notice on certain persons

  11. Jurisdiction and procedure, etc.

    1. 34.Jurisdiction of courts and procedure

    2. 35.Provision for third parties to act on behalf of victims of domestic violence

    3. 36.Provision for separate representation for children

    4. 37.Contempt proceedings

    5. 38.Courts of summary jurisdiction

    6. 39.Appeals

    7. 40.Orders and regulations

    8. 41.Amendments, saving and transitional provisions, and repeals

  12. Signature


    1. Schedule 1

      Provisions consequential on order operating to restrain dispositions.

    2. Schedule 2

      Transfer of certain tenancies on divorce etc. or on separation of cohabitees.

      1. Part I General.

      2. Part II Orders that may be made.

      3. Part III Supplementary provisions.

    3. Schedule 3


    4. Schedule 4

      Saving and transitional provisions.

    5. Schedule 5


  14. Explanatory Note