SCHEDULES

SCHEDULE 9E+WFamily homes and domestic violence

Part 1E+WAmendments of the Family Law Act 1996 (c. 27)

4(1)Amend section 33 (occupation orders where applicant has estate or interest etc. or has matrimonial home rights) as follows.E+W

(2)In subsection (1)(a)(ii), for “matrimonial home rights” substitute “ home rights ”.

(3)After subsection (2) insert—

(2A)If a civil partnership agreement (as defined by section 73 of the Civil Partnership Act 2004) is terminated, no application under this section may be made by virtue of section 62(3)(eza) by reference to that agreement after the end of the period of three years beginning with the day on which it is terminated.

(4)In subsection (3)(e)—

(a)for “matrimonial home rights” substitute “ home rights ”, and

(b)after “spouse” insert “ or civil partner ”.

(5)In subsection (4), for “matrimonial home rights” substitute “ home rights ”.

(6)In subsection (5)—

(a)for “matrimonial home rights” substitute “ home rights ”,

(b)after “is the other spouse” insert “ or civil partner ”,

(c)after “during the marriage” insert “ or civil partnership ”,

(d)in paragraph (a), after “spouse” insert “ or civil partner ”, and

(e)in paragraph (b), after “marriage” insert “ or civil partnership ”.

(7)In the heading to section 33, for “matrimonial home rights” substitute “ home rights ”.