Family Homes and Domestic Violence (Northern Ireland) Order 1998

1. Introductory Text

2. Introductory Title and commencement (1) This Order may be cited as the Family Homes...

   1. Introductory

      1. 1. Title and commencement

      2. 2. Interpretation

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

   2. Rights to occupy matrimonial or civil partnership home

      1. 4. Rights concerning home where one spouse or civil partner has no estate, etc.

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

      3. 6. Registration, etc. of matrimonial or civil partnership charge

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

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

      6. 9. Cancellation of registration after termination of marriage or civil partnership, etc.

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

   3. Occupation orders

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

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

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

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

      5. 15. Neither spouse or civil partner 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. Art. 19 rep. by 2005 NI 7

   4. Non-molestation orders

      1. 20. Non-molestation orders

   5. 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 or form a civil partnership

      3. 23. Ex parte orders

      4. 24. Variation and discharge of orders

   6. Enforcement

      1. 25. Offences

      2. 26. Power of arrest without warrant

      3. 27. Further powers of court of summary jurisdiction

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

      1. 28. Residence and contact orders

      2. 29. Interim care orders and emergency protection orders

   8. Transfer of tenancies

      1. 30. Transfer of certain tenancies

   9. 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

   10. 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

3. SCHEDULES

   1. SCHEDULE 1

      PROVISIONS CONSEQUENTIAL ON ORDER OPERATING TO RESTRAIN DISPOSITIONS

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

      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 or civil partner...

            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, civil partner or...

         2. Protected or secure tenancy

            1. 7. (1) If a spouse, civil partner or cohabitee is entitled...

         3. Statutory tenancy

            1. 8. (1) This paragraph applies if the spouse, civil partner or...

      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 or civil partners takes effect

            1. 11. The date specified in a Part II order as the...

         4. Effect of remarriage or subsequent civil partnership

            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 or civil partner is entitled to...

   3. 1. Schedule 3—Amendments

   4. SCHEDULE 4

      SAVING AND TRANSITIONAL PROVISIONS

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

         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. 1. Schedule 5—Repeals