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

  13. SCHEDULES

    1. SCHEDULE 1

      PROVISIONS CONSEQUENTIAL ON ORDER OPERATING TO RESTRAIN DISPOSITIONS

      1. 1.An occupation order (“the order”) to the extent that by...

      2. 2.(1) The registration of a statutory charge such as is...

      3. 3.When the registration has ceased to have effect the Registrar...

      4. 4.An application for the renewal of the registration of a...

    2. SCHEDULE 2

      TRANSFER OF CERTAIN TENANCIES ON DIVORCE ETC. OR ON SEPARATION OF COHABITEES

      1. PART I GENERAL

        1. Interpretation

          1. 1.(1) In this Schedule the following words and expressions have...

        2. Cases in which court may make order

          1. 2.(1) This paragraph applies if one spouse is entitled, either...

          2. 3.(1) This paragraph applies if one cohabitee is entitled, either...

          3. 4.(1) The court shall not make a Part II order...

        3. Matters to which court must have regard

          1. 5.In determining whether to exercise its powers under Part II...

      2. PART II ORDERS THAT MAY BE MADE

        1. References to entitlement to occupy

          1. 6.References in this Part to a spouse or a cohabitee...

        2. Protected or secure tenancy

          1. 7.(1) If a spouse or cohabitee is entitled to occupy...

        3. Statutory tenancy

          1. 8.(1) This paragraph applies if the spouse or cohabitee is...

      3. PART III SUPPLEMENTARY PROVISIONS

        1. Compensation

          1. 9.(1) If the court makes a Part II order, it...

        2. Liabilities and obligations in respect of the dwelling-house

          1. 10.(1) If the court makes a Part II order, it...

        3. Date when order made between spouses is to take effect

          1. 11.(1) In the case of a decree of nullity of...

        4. Remarriage of either spouse

          1. 12.(1) If after the grant of a decree dissolving or...

        5. Rules of court

          1. 13.(1) Rules of court shall be made requiring the court,...

        6. Saving for other provisions of this Order

          1. 14.(1) If a spouse is entitled to occupy a dwelling-house...

    3. SCHEDULE 3

      AMENDMENTS

      1. The Land Registration Act (Northern Ireland) 1970 (c. 18)

      2. The Registration of Deeds Act (Northern Ireland) 1970 (c. 25)

      3. The Land Acquisition and Compensation (Northern Ireland) Order 1973 (NI 21)

      4. The Matrimonial Causes (Northern Ireland) Order 1978 (NI 15)

      5. The Rent (Northern Ireland) Order 1978 (NI 20)

      6. The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8)

      7. The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

      8. The Housing (Northern Ireland) Order 1983 (NI 15)

      9. The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4)

      10. The Insolvency (Northern Ireland) Order 1989 (NI 19)

      11. The Children (Northern Ireland) Order 1995 (NI 2)

    4. SCHEDULE 4

      SAVING AND TRANSITIONAL PROVISIONS

      1. Interpretation

        1. 1.In this Schedule— “the Order of 1980” means the Domestic...

      2. Pending applications

        1. 2.Nothing in this Order affects any application for an order...

        2. 3.Nothing in this Order affects any application for an order...

      3. Existing orders

        1. 4.(1) In this paragraph an “existing order” means any order...

      4. Matrimonial home rights, etc.

        1. 5.(1) Any reference (however expressed) in any statutory provision or...

        2. 6.(1) Any reference (however expressed) in any statutory provision or...

        3. 7.In Articles 4 to 9— (a) any reference to an...

        4. 8.Nothing in this Schedule shall be taken to prejudice the...

    5. SCHEDULE 5

      REPEALS

  14. Explanatory Note