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

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This is the original version (as it was originally made).

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

For Article 26 (powers of the court in relation to certain tenancies of dwelling-houses) substitute the following Article—

Powers of the court in relation to certain tenancies of dwelling-houses

26.(1) This Article applies if—

(a)an application is made by a party to a marriage for an order for financial relief; and

(b)one of the parties to the marriage is entitled, either in his own right or jointly with the other party, to occupy a dwelling-house situated in Northern Ireland by virtue of a tenancy which is a tenancy mentioned in Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1997.

(2) The court may make in relation to that dwelling-house any order which it could make under Part II of that Schedule if a decree of divorce, a decree of nullity of marriage or a decree of judicial separation had been granted in Northern Ireland in respect of the marriage.

(3) The provisions of paragraphs 9, 10 and 13(1) in Part III of that Schedule shall apply in relation to any order made under this Article as they apply to any order under Part II of that Schedule..

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