The Family Homes and Domestic Violence (Northern Ireland) Order 1998

Cases in which court may make order

2.—(1) This paragraph applies if one spouse is entitled, either in his own right or jointly with the other spouse, to occupy a dwelling-house by virtue of a protected tenancy, a statutory tenancy or a secure tenancy.

(2) At any time when it has power to make a property adjustment order under Article 26 of the [1978 NI 15.] Matrimonial Causes (Northern Ireland) Order 1978 with respect to the marriage, the court may make a Part II order.

(3) On the application of the other spouse within three months after an occupation order is made, the court may make a Part II order.

3.—(1) This paragraph applies if one cohabitee is entitled, either in his own right or jointly with the other cohabitee, to occupy a dwelling-house by virtue of a protected tenancy, a statutory tenancy or a secure tenancy.

(2) If the cohabitees cease to live together as husband and wife, the court may make a Part II order.

(3) On the application of the other cohabitee within three months after an occupation order is made, the court may make a Part II order.

4.—(1) The court shall not make a Part II order unless the dwelling-house is or was—

(a) in the case of spouses, a matrimonial home; or

(b) in the case of cohabitees, a home in which they lived together as husband and wife.

(2) Where while an occupation order is in force an application is made for a Part II order, the court may make the order applied for notwithstanding that, at the time when it does so, the occupation order has ceased to have effect otherwise than by reason of its revocation; and where a Part II order is made it shall not be affected by an occupation order subsequently ceasing to have effect.