Part 1 Amendments of the Family Law Act 1996 (c 27)

SCHEDULE 9 Family Homes and Domestic Violence

Section 82

Part 1 Amendments 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 (“Aâ€)â€, and

(ii)     for “that spouse†substitute “Aâ€.

(b)     in paragraph (b), after “other spouse†insert “or civil partner (“Bâ€)â€.

(3)     In subsection (2)—

(a)     for “the spouse not so entitled†substitute “Bâ€,

(b)     for “ (“matrimonial home rightsâ€)†substitute “ (“home rightsâ€)â€, and

(c)     in paragraph (a), for “the other spouse†substitute “Aâ€.

(4)     In subsection (3)—

(a)     for “a spouse†and for “that spouse†substitute “Bâ€, and

(b)     for “the other spouse†(in both places) substitute “Aâ€.

(5)     In subsection (4)—

(a)     for “A spouse's†substitute “B'sâ€,

(b)     in paragraph (a), for “by the other spouse as the other spouse's†substitute “by A as A'sâ€, 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'sâ€, and

(ii)     for “by the other spouse as the other spouse'sâ€

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