SCHEDULE 1Amendments of the Civil Partnership Act 2004

I16

In section 107 (dispensation with civil partner's consent to dealing)—

a

in subsection (1), at the beginning there shall be inserted “ Subject to subsections (1A) and (1C), ”;

b

after that subsection there shall be inserted—

1A

Subsection (1B) applies if, in relation to a proposed sale—

a

negotiations with a third party have not begun, or

b

negotiations have begun but a price has not been agreed.

1B

An order under subsection (1) dispensing with consent may be made only if—

a

the price agreed for the sale is no less than such amount as the court specifies in the order, and

b

the contract for the sale is concluded before the expiry of such period as may be so specified.

1C

Subsection (1D) applies if the proposed dealing is the grant of a heritable security.

1D

An order under subsection (1) dispensing with consent may be made only if—

a

the heritable security is granted for a loan of no more than such amount as the court specifies in the order, and

b

the security is executed before the expiry of such period as may be so specified.

c

after subsection (3) there shall be inserted—

3A

If the court refuses an application for an order under subsection (1), it may make an order requiring a non-entitled partner who is or becomes the occupier of the family home—

a

to make such payments to the owner of the home in respect of that partner's occupation of it as may be specified in the order,

b

to comply with such other conditions relating to that partner's occupation of the family home as may be so specified.