SCHEDULES
SCHEDULE 9Family homes and domestic violence
Part 1Amendments of the Family Law Act 1996 (c. 27)
15
1
Amend Schedule 4 (provisions supplementary to sections 30 and 31) as follows.
2
In paragraph 2, after “spouse” (in both places) insert “or civil partner”.
3
In paragraph 3(1) and (3), after “spouse” insert “or civil partner”.
4
In paragraph 4(1), for “spouse’s matrimonial home rights” substitute “spouse’s or civil partner’s home rights”.
5
For paragraphs 4(1)(a) to (c) substitute—
a
in the case of a marriage—
i
by the production of a certificate or other sufficient evidence, that either spouse is dead,
ii
by the production of an official copy of a decree or order of a court, that the marriage has been terminated otherwise than by death, or
iii
by the production of an order of the court, that the spouse’s home rights constituting the charge have been terminated by the order, and
b
in the case of a civil partnership—
i
by the production of a certificate or other sufficient evidence, that either civil partner is dead,
ii
by the production of an official copy of an order or decree of a court, that the civil partnership has been terminated otherwise than by death, or
iii
by the production of an order of the court, that the civil partner’s home rights constituting the charge have been terminated by the order.
6
In paragraph 4(2)—
a
in paragraph (a)—
i
after “marriage” insert “or civil partnership”, and
ii
after “spouse” insert “or civil partner”, and
b
in paragraph (b), after “spouse” insert “or civil partner”.
7
In paragraph 4(3), after “spouse” insert “or civil partner”.
8
In the heading to paragraph 4, after “marriage” insert “or civil partnership”.
9
In paragraph 5(1), for “spouse entitled to matrimonial home rights” substitute “spouse or civil partner entitled to home rights”.
10
In paragraph 5(2)—
a
for “matrimonial home rights” substitute “home rights”, and
b
in paragraph (a), after “spouse” insert “or civil partner”.
11
In the heading to paragraph 5, for “matrimonial home rights” substitute “home rights”.
12
In paragraph 6, after “spouse” (in both places) insert “or civil partner”.