Matrimonial and Family Proceedings Act 1984 (c. 42)

Part III E+W Financial Relief in England and Wales After Overseas Divorce etc.

Orders for transfer of tenancies E+W

[F1 22 Powers of court in relation to certain tenancies of dwelling-houses. E+W

(1) This section 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 is entitled, either in his own right or jointly with the other party, to occupy a dwelling-house situated in England or Wales by virtue of a tenancy which is a relevant tenancy within the meaning of Schedule 7 to the Family Law Act 1996 (certain statutory tenancies).

(2) The court may make in relation to that dwelling-house any order which it could make under Part II of that Schedule [F2 if a [F3 divorce order, nullity of marriage order or judicial separation order had been made]] in England and Wales in respect of the marriage.

(3) The provisions of paragraphs 10, 11 and 14(1) in Part III of that Schedule apply in relation to any order under this section as they apply to any order under Part II of that Schedule.]

Textual Amendments

F1 S. 22 substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 52 (with Sch. 9 para. 8-10); S.I. 1997/1892, art. 3(1)(b)

F2 Words in s. 22(2) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(7)(a), 139(4) (with s. 18(6))

F3 Words in s. 22(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 48(3); S.I. 2022/283, reg. 2