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.