SCHEDULES
SCHEDULE 9Family homes and domestic violence
Part 1Amendments of the Family Law Act 1996 (c. 27)
1
1
Amend section 30 (rights concerning matrimonial home where one spouse has no estate, etc.) as follows.
2
In subsection (1)—
a
in paragraph (a)—
i
after “one spouse” insert “
or civil partner (“A”)
”
, and
ii
for “that spouse” substitute “
A
”
.
b
in paragraph (b), after “other spouse” insert “
or civil partner (“B”)
”
.
3
In subsection (2)—
a
for “the spouse not so entitled” substitute “
B
”
,
b
for “(“matrimonial home rights”)” substitute “
(“home rights”)
”
, and
c
in paragraph (a), for “the other spouse” substitute “
A
”
.
4
In subsection (3)—
a
for “a spouse” and for “that spouse” substitute “
B
”
, and
b
for “the other spouse”
(in both places) substitute “
A
”
.
5
In subsection (4)—
a
for “A spouse's” substitute “
B's
”
,
b
in paragraph (a), for “by the other spouse as the other spouse's” substitute “
by A as A's
”
, and
c
in paragraph (b)—
i
for “the spouse occupies the dwelling-house as that spouse's” substitute “
B occupies the dwelling-house as B's
”
, and
ii
for “by the other spouse as the other spouse's” substitute “
by A as A's
”
.
6
In subsection (5)—
a
for “a spouse (“the first spouse”)” substitute “
B
”
, and
b
in paragraph (b), for “the other spouse (“the second spouse”)” substitute “
A
”
,
c
for “the second spouse” substitute “
A
”
, and
d
for “the first spouse against the second spouse” substitute “
B against A
”
.
7
In subsection (6)—
a
for “a spouse” substitute “
B
”
, and
b
for “the other spouse”
(in both places) substitute “
A
”
.
8
In subsection (7), for the words from first “which” to the end substitute
which—
a
in the case of spouses, has at no time been, and was at no time intended by them to be, a matrimonial home of theirs; and
b
in the case of civil partners, has at no time been, and was at no time intended by them to be, a civil partnership home of theirs.
9
In subsection (8)—
a
for “A spouse’s matrimonial home rights” substitute “
B’s home rights
”
,
b
in paragraph (a), after “marriage” insert “
or civil partnership
”
, and
c
in paragraph (b), for “the other spouse” substitute “
A
”
.
10
In subsection (9)—
a
for “a spouse”
(in both places) substitute “
a person
”
, and
b
for “matrimonial home rights” substitute “
home rights
”
.
11
In the heading to section 30, for “matrimonial home where one spouse” substitute “
home where one spouse or civil partner
”
and, in the preceding cross-heading, after “matrimonial” insert “
or civil partnership
”
.