Search Legislation

Family Homes and Domestic Violence (Northern Ireland) Order 1998

 Help about what version

What Version

More Resources

Changes to legislation:

There are currently no known outstanding effects for the Family Homes and Domestic Violence (Northern Ireland) Order 1998. Help about Changes to Legislation


Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  1. Introductory Text

  2. Introductory Title and commencement (1) This Order may be cited as the Family Homes...

    1. Introductory

      1. 1.Title and commencement

      2. 2.Interpretation

      3. 3.Meaning of “cohabitees”, “relevant child” and “associated persons”

    2. Rights to occupy matrimonial or civil partnership home

      1. 4.Rights concerning home where one spouse or civil partner has no estate, etc.

      2. 5.Effect of home rights as charge on dwelling-house

      3. 6.Registration, etc. of matrimonial or civil partnership charge

      4. 7.Restriction on registration where spouse entitled to more than one matrimonial or civil partnership charge

      5. 8.Cancellation of registration of matrimonial or civil partnership charge before completion of disposal of dwelling-house

      6. 9.Cancellation of registration after termination of marriage or civil partnership, etc.

      7. 10.Release of matrimonial or civil partnership home rights and postponement of priority of matrimonial or civil partnership charge

    3. Occupation orders

      1. 11.Occupation orders where applicant has estate, etc. or has home rights

      2. 12.Effect of order under Article 11 where rights are a charge on dwelling-house

      3. 13.One former spouse or former civil partner with no existing right to occupy

      4. 14.One cohabitee or former cohabitee with no existing right to occupy

      5. 15.Neither spouse or civil partner entitled to occupy

      6. 16.Neither cohabitee nor former cohabitee entitled to occupy

      7. 17.Supplementary provisions

      8. 18.Additional provisions that may be included in occupation orders

      9. Art. 19 rep. by 2005 NI 7

    4. Non-molestation orders

      1. 20.Non-molestation orders

    5. Further provisions relating to occupation and non-molestation orders

      1. 21.Leave of court required for applications by children under 16

      2. 22.Evidence of agreement to marry or form a civil partnership

      3. 23.Ex parte orders

      4. 24.Variation and discharge of orders

    6. Enforcement

      1. 25.Offences

      2. 26.Power of arrest without warrant

      3. 27.Further powers of court of summary jurisdiction

    7. Orders under the Children (Northern Ireland) Order 1995

      1. 28.Residence and contact orders

      2. 29.Interim care orders and emergency protection orders

    8. Transfer of tenancies

      1. 30.Transfer of certain tenancies

    9. Dwelling-house subject to mortgage

      1. 31.Dwelling-house subject to mortgage

      2. 32.Actions by mortgagees: joining connected persons as parties

      3. 33.Actions by mortgagees: service of notice on certain persons

    10. Jurisdiction and procedure, etc.

      1. 34.Jurisdiction of courts and procedure

      2. 35.Provision for third parties to act on behalf of victims of domestic violence

      3. 36.Provision for separate representation for children

      4. 37.Contempt proceedings

      5. 38.Courts of summary jurisdiction

      6. 39.Appeals

      7. 40.Orders and regulations

      8. 41.Amendments, saving and transitional provisions, and repeals


    1. SCHEDULE 1


      1. 1.An occupation order ( “the order”) to the extent that...

      2. 2.(1) The registration of a statutory charge such as is...

      3. 3.When the registration has ceased to have effect the Registrar...

      4. 4.An application for the renewal of the registration of a...

    2. SCHEDULE 2



        1. Interpretation

          1. 1.(1) In this Schedule the following words and expressions have...

        2. Cases in which court may make order

          1. 2.(1) This paragraph applies if one spouse or civil partner...

          2. 3.(1) This paragraph applies if one cohabitee is entitled, either...

          3. 4.(1) The court shall not make a Part II order...

        3. Matters to which court must have regard

          1. 5.In determining whether to exercise its powers under Part II...


        1. References to entitlement to occupy

          1. 6.References in this Part to a spouse, civil partner or...

        2. Protected or secure tenancy

          1. 7.(1) If a spouse, civil partner or cohabitee is entitled...

        3. Statutory tenancy

          1. 8.(1) This paragraph applies if the spouse, civil partner or...


        1. Compensation

          1. 9.(1) If the court makes a Part II order, it...

        2. Liabilities and obligations in respect of the dwelling-house

          1. 10.(1) If the court makes a Part II order, it...

        3. Date when order made between spouses or civil partners takes effect

          1. 11.The date specified in a Part II order as the...

        4. Effect of remarriage or subsequent civil partnership

          1. 12.(1) If after the grant of a decree dissolving or...

        5. Rules of court

          1. 13.(1) Rules of court shall be made requiring the court,...

        6. Saving for other provisions of this Order

          1. 14.(1) If a spouse or civil partner is entitled to...

    3. SCHEDULE 4


      1. Interpretation In this Schedule— “the Order of 1980” means the Domestic...

        1. Interpretation

          1. 1.In this Schedule— “the Order of 1980” means the Domestic...

        2. Pending applications

          1. 2.Nothing in this Order affects any application for an order...

          2. 3.Nothing in this Order affects any application for an order...

        3. Existing orders

          1. 4.(1) In this paragraph an “existing order” means any order...

        4. Matrimonial home rights, etc.

          1. 5.(1) Any reference (however expressed) in any statutory provision or...

          2. 6.(1) Any reference (however expressed) in any statutory provision or...

          3. 7.In Articles 4 to 9— (a) any reference to an...

          4. 8.Nothing in this Schedule shall be taken to prejudice the...

Back to top


Print Options


Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.


Opening Options

Different options to open legislation in order to view more content on screen at once


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.