|
| |
|
(property adjustment orders in connection with civil |
| |
partnership proceedings or after overseas dissolution |
| |
of civil partnership, etc.)”. |
| |
54 | In section 134(2)(a) (introductory tenancy may not be assigned except in |
| |
pursuance of certain orders), after “parents)” in sub-paragraph (iii) insert |
| 5 |
| |
(iv) | Part 2 of Schedule 6, or paragraph 9(2) or (3) of |
| |
Schedule 8, to the Civil Partnership Act 2004 |
| |
(property adjustment orders in connection with civil |
| |
partnership proceedings or after overseas dissolution |
| 10 |
of civil partnership, etc.)”. |
| |
55 | In section 143H(5)(a) (two or more successors to demoted tenancy), for |
| |
“spouse or (if the tenant has no spouse)” substitute “spouse or civil partner |
| |
or (if the tenant has neither spouse nor civil partner)”. |
| |
56 | In section 143I(3) (tenancy does not cease to be demoted tenancy if vested |
| 15 |
pursuant to certain orders), after paragraph (c) insert— |
| |
“(d) | Part 2 of Schedule 6, or paragraph 9(2) or (3) of Schedule 8, to |
| |
the Civil Partnership Act 2004 (property adjustment orders in |
| |
connection with civil partnership proceedings or after |
| |
overseas dissolution of civil partnership, etc.).” |
| 20 |
57 | For paragraphs (a) and (b) of section 143J(5) (successor by assignment to |
| |
secure tenancy terminated by demotion order) substitute— |
| |
“(a) | the tenancy was assigned— |
| |
(i) | in proceedings under section 24 of the Matrimonial |
| |
Causes Act 1973 (property adjustment orders in |
| 25 |
connection with matrimonial proceedings) or section |
| |
17(1) of the Matrimonial and Family Proceedings Act |
| |
1984 (property adjustment orders after overseas |
| |
| |
(ii) | in proceedings under Part 2 of Schedule 6, or |
| 30 |
paragraph 9(2) or (3) of Schedule 8, to the Civil |
| |
Partnership Act 2004 (property adjustment orders in |
| |
connection with civil partnership proceedings or after |
| |
overseas dissolution of civil partnership, etc.), |
| |
(b) | where the tenancy was assigned as mentioned in paragraph |
| 35 |
(a)(i), neither he nor the other party to the marriage was a |
| |
| |
(c) | where the tenancy was assigned as mentioned in paragraph |
| |
(a)(ii), neither he nor the other civil partner was a successor.” |
| |
58 | In section 143K(2) (demoted tenancy may be assigned only in pursuance of |
| 40 |
certain orders), after paragraph (c) insert— |
| |
“(d) | Part 2 of Schedule 6, or paragraph 9(2) or (3) of Schedule 8, to |
| |
the Civil Partnership Act 2004 (property adjustment orders in |
| |
connection with civil partnership proceedings or after |
| |
overseas dissolution of civil partnership, etc.).” |
| 45 |
59 (1) | Amend section 143P (meaning of “member of another’s family”) as follows. |
| |
(2) | In subsection (1)(a), after “spouse” insert “or civil partner”. |
| |
(3) | In subsection (3)(a), after “marriage” insert “or civil partnership”. |
| |
|
| |
|
| |
|
60 | In section 160 (cases where provisions about allocations do not apply), in |
| |
each of subsections (2)(e) and (3)(d) (cases where secure or introductory |
| |
tenancy vests etc. in pursuance of certain orders), after sub-paragraph (iii) |
| |
| |
(iv) | Part 2 of Schedule 6, or paragraph 9(2) or (3) of |
| 5 |
Schedule 8, to the Civil Partnership Act 2004 |
| |
(property adjustment orders in connection with civil |
| |
partnership proceedings or after overseas dissolution |
| |
of civil partnership, etc.).” |
| |
61 (1) | Amend section 178 (meaning of “associated person” in Part 7) as follows. |
| 10 |
(2) | In subsection (1), after paragraph (a) insert— |
| |
“(aa) | they are or have been civil partners of each other;”. |
| |
(3) | In subsection (1), after paragraph (e) insert— |
| |
“(ea) | they have entered into a civil partnership agreement between |
| |
them (whether or not that agreement has been terminated);”. |
| 15 |
(4) | In subsection (3), after the definition of “child” insert— |
| |
| ““civil partnership agreement” has the meaning given by section 72 of |
| |
the Civil Partnership Act 2004;”. |
| |
(5) | In subsection (3), in each of paragraphs (a) and (b) of the definition of |
| |
“relative”, for “spouse or former spouse” substitute “spouse, civil partner, |
| 20 |
former spouse or former civil partner”. |
| |
(6) | In paragraph (b) of that definition, for “affinity” substitute “marriage or civil |
| |
| |
Housing Grants, Construction and Regeneration Act 1996 (c. 53) |
| |
62 | In section 30(6)(a) (power to provide for financial position of others to be |
| 25 |
taken into account in means-testing applicant for grant), after “his spouse,” |
| |
insert “his civil partner,”. |
| |
63 (1) | In section 54(3) (disposals in pursuance of certain orders are exempt) as it |
| |
has effect by virtue of article 11(2) of the 2002 Order (saving for certain |
| |
purposes of repealed provisions), after paragraph (d) insert “; or |
| 30 |
(e) | Part 2 or 3 of Schedule 6, or paragraph 9 of Schedule 8, to the |
| |
Civil Partnership Act 2004 (property adjustment orders, or |
| |
orders for the sale of property, in connection with civil |
| |
partnership proceedings or after overseas dissolution of civil |
| |
| 35 |
(2) | In sub-paragraph (1) “the 2002 Order” means the Regulatory Reform |
| |
(Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860). |
| |
Commonhold and Leasehold Reform Act 2002 (c. 15) |
| |
64 | In section 76(2)(c) (which refers to section 149(6) of the Law of Property Act |
| |
1925), after “terminable after a death or marriage” insert “or the formation of |
| 40 |
| |
65 | In section 77(1) (“long lease”: exclusion of certain leases terminable by notice |
| |
after death or marriage)— |
| |
(a) | for “a death or marriage” substitute “a death, a marriage or the |
| |
formation of a civil partnership”, and |
| 45 |
|
| |
|
| |
|
(b) | in paragraph (a), after “marriage of” insert “, or the formation of a |
| |
| |
66 | In paragraph 3(8) of Schedule 6 (members of freeholder’s family whose |
| |
occupation of premises excludes premises from right to manage), after |
| |
“spouse” (in each place) insert “or civil partner”. |
| 5 |
| |
| |
Family homes and domestic violence |
| |
| |
Amendments of the Family Law Act 1996 (c. 27) |
| |
1 (1) | Amend section 30 (rights concerning matrimonial home where one spouse |
| 10 |
has no estate, etc.) as follows. |
| |
| |
| |
(i) | after “one spouse” insert “or civil partner (“A”)”, and |
| |
(ii) | for “that spouse” substitute “A”. |
| 15 |
(b) | in paragraph (b), after “other spouse” insert “or civil partner (“B”)”. |
| |
| |
(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”. |
| 20 |
| |
(a) | for “a spouse” and for “that spouse” substitute “B”, and |
| |
(b) | for “the other spouse” (in both places) substitute “A”. |
| |
| |
(a) | for “A spouse’s” substitute “B’s”, |
| 25 |
(b) | in paragraph (a), for “by the other spouse as the other spouse’s” |
| |
substitute “by A as A’s”, and |
| |
| |
(i) | for “the spouse occupies the dwelling-house as that spouse’s” |
| |
substitute “B occupies the dwelling-house as B’s”, and |
| 30 |
(ii) | for “by the other spouse as the other spouse’s” substitute “by |
| |
| |
| |
(a) | for “a spouse (“the first spouse”)” substitute “B”, and |
| |
(b) | in paragraph (b), for “the other spouse (“the second spouse”)” |
| 35 |
| |
(c) | for “the second spouse” substitute “A”, and |
| |
(d) | for “the first spouse against the second spouse” substitute “B against |
| |
| |
| 40 |
(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 |
| |
| |
(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 |
| 5 |
no time intended by them to be, a civil partnership home of |
| |
| |
| |
(a) | for “A spouse’s matrimonial home rights” substitute “B’s home |
| |
| 10 |
(b) | in paragraph (a), after “marriage” insert “or civil partnership”, and |
| |
(c) | in paragraph (b), for “the other spouse” substitute “A”. |
| |
| |
(a) | for “a spouse” (in both places) substitute “a person”, and |
| |
(b) | for “matrimonial home rights” substitute “home rights”. |
| 15 |
(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”. |
| |
2 (1) | Amend section 31 (effect of matrimonial home rights as charge on dwelling- |
| |
| 20 |
(2) | In subsection (1) for “marriage, one spouse” substitute “marriage or civil |
| |
| |
(3) | In subsection (2) for “The other spouse’s matrimonial home rights” |
| |
substitute “B’s home rights”. |
| |
| 25 |
(a) | in paragraph (a), for “the spouse so entitled” substitute “A”, and |
| |
(b) | in paragraph (b), after “marriage” insert “or of the formation of the |
| |
| |
| |
(a) | for “a spouse’s matrimonial home rights” substitute “B’s home |
| 30 |
| |
(b) | for “the other spouse” substitute “A”, and |
| |
(c) | for “either of the spouses” substitute “A or B”. |
| |
(6) | In subsection (5) for “the other spouse” substitute “A”. |
| |
(7) | In subsection (7) for “the spouses” substitute “A and B”. |
| 35 |
| |
(a) | for “a spouse’s matrimonial home rights” substitute “B’s home |
| |
| |
(b) | in paragraph (a), for “the other spouse” substitute “A”, and |
| |
(c) | in paragraph (b), after “marriage” insert “or civil partnership”. |
| 40 |
| |
(a) | in paragraph (a), for “a spouse’s matrimonial home rights” substitute |
| |
| |
(b) | for “the other spouse” (in both places) substitute “A”. |
| |
| 45 |
(a) | for “a spouse” and for “that spouse” substitute “A”, and |
| |
|
| |
|
| |
|
(b) | in paragraph (b), for “a spouse’s matrimonial home rights” |
| |
substitute “B’s home rights”. |
| |
(11) | For subsection (12)(a) substitute— |
| |
“(a) | B’s home rights are a charge on the estate of A or of trustees |
| |
| 5 |
(12) | In the heading to section 31, for “matrimonial home rights” substitute “home |
| |
| |
3 | For section 32 (further provisions relating to matrimonial home rights) |
| |
| |
| “32 Further provisions relating to home rights |
| 10 |
Schedule 4 (provisions supplementary to sections 30 and 31) has |
| |
| |
4 (1) | Amend section 33 (occupation orders where applicant has estate or interest |
| |
etc. or has matrimonial home rights) as follows. |
| |
(2) | In subsection (1)(a)(ii), for “matrimonial home rights” substitute “home |
| 15 |
| |
(3) | After subsection (2) insert— |
| |
“(2A) | If a civil partnership agreement (as defined by section 72 of the Civil |
| |
Partnership Act 2004) is terminated, no application under this |
| |
section may be made by virtue of section 62(3)(eza) by reference to |
| 20 |
that agreement after the end of the period of three years beginning |
| |
with the day on which it is terminated.” |
| |
(4) | In subsection (3)(e)— |
| |
(a) | for “matrimonial home rights” substitute “home rights”, and |
| |
(b) | after “spouse” insert “or civil partner”. |
| 25 |
(5) | In subsection (4), for “matrimonial home rights” substitute “home rights”. |
| |
| |
(a) | for “matrimonial home rights” substitute “home rights”, |
| |
(b) | after “is the other spouse” insert “or civil partner”, |
| |
(c) | after “during the marriage” insert “or civil partnership”, |
| 30 |
(d) | in paragraph (a), after “spouse” insert “or civil partner”, and |
| |
(e) | in paragraph (b), after “marriage” insert “or civil partnership”. |
| |
(7) | In the heading to section 33, for “matrimonial home rights” substitute “home |
| |
| |
5 | In section 34 (effect of order under section 33 where rights are charge on |
| 35 |
dwelling-house), in subsection (1)— |
| |
(a) | for “a spouse’s matrimonial home rights” substitute “B’s home |
| |
| |
(b) | for “the other spouse” (in each place) substitute “A”. |
| |
6 (1) | Amend section 35 (one former spouse with no existing right to occupy) as |
| 40 |
| |
(2) | In subsection (1)(a) and (b), after “former spouse” insert “or former civil |
| |
| |
(3) | For subsection (1)(c) substitute— |
| |
| 45 |
|
| |
|
| |
|
(i) | in the case of former spouses, was at any time their |
| |
matrimonial home or was at any time intended by |
| |
them to be their matrimonial home, or |
| |
(ii) | in the case of former civil partners, was at any time |
| |
their civil partnership home or was at any time |
| 5 |
intended by them to be their civil partnership home.” |
| |
(4) | In subsection (2), after “former spouse” (in both places) insert “or former |
| |
| |
(5) | In subsection (6)(f), after “marriage” insert “or civil partnership”. |
| |
(6) | After subsection (6)(g)(i), insert— |
| 10 |
“(ia) | for a property adjustment order under Part 2 of |
| |
Schedule 6 to the Civil Partnership Act 2004;”. |
| |
(7) | In subsection (9)(a), after “former spouses” insert “or former civil partners”. |
| |
(8) | In subsections (11) and (12), after “former spouse” insert “or former civil |
| |
| 15 |
(9) | For subsection (13)(a) and (b) substitute— |
| |
“(a) | as if he were B (the person entitled to occupy the dwelling- |
| |
house by virtue of that section); and |
| |
(b) | as if the respondent were A (the person entitled as mentioned |
| |
in subsection (1)(a) of that section).” |
| 20 |
(10) | In the heading to section 35, after “former spouse” insert “or former civil |
| |
| |
7 | In section 36 (one cohabitant or former cohabitant with no existing right to |
| |
occupy), for subsection (13)(a) and (b) substitute— |
| |
“(a) | as if he were B (the person entitled to occupy the dwelling- |
| 25 |
house by virtue of that section); and |
| |
(b) | as if the respondent were A (the person entitled as mentioned |
| |
in subsection (1)(a) of that section).” |
| |
8 (1) | Amend section 37 (neither spouse entitled to occupy) as follows. |
| |
(2) | After subsection (1) insert— |
| 30 |
“(1A) | This section also applies if— |
| |
(a) | one civil partner or former civil partner and the other civil |
| |
partner or former civil partner occupy a dwelling-house |
| |
which is or was the civil partnership home; but |
| |
(b) | neither of them is entitled to remain in occupation— |
| 35 |
(i) | by virtue of a beneficial estate or interest or contract; |
| |
| |
(ii) | by virtue of any enactment giving him the right to |
| |
| |
(3) | In subsection (3)(b), for “spouses” substitute “parties”. |
| 40 |
(4) | In the heading to section 37, after “spouse” insert “or civil partner”. |
| |
9 | In section 42 (non-molestation orders), after subsection (4) insert— |
| |
“(4ZA) | If a civil partnership agreement (as defined by section 72 of the Civil |
| |
Partnership Act 2004) is terminated, no application under this |
| |
section may be made by virtue of section 62(3)(eza) by reference to |
| 45 |
|
| |
|
| |
|
that agreement after the end of the period of three years beginning |
| |
with the day on which it is terminated.” |
| |
10 (1) | In section 44 (evidence of agreement to marry), after subsection (2) insert— |
| |
“(3) | Subject to subsection (4), the court shall not make an order under |
| |
section 33 or 42 by virtue of section 62(3)(eza) unless there is |
| 5 |
produced to it evidence in writing of the existence of the civil |
| |
partnership agreement (as defined by section 72 of the Civil |
| |
| |
(4) | Subsection (3) does not apply if the court is satisfied that the civil |
| |
partnership agreement was evidenced by— |
| 10 |
(a) | a gift by one party to the agreement to the other as a token of |
| |
| |
(b) | a ceremony entered into by the parties in the presence of one |
| |
or more other persons assembled for the purpose of |
| |
witnessing the ceremony.” |
| 15 |
(2) | In the heading to section 44, after “marry” insert “or form a civil |
| |
| |
11 | In section 49 (variation and discharge of orders), in subsection (3)— |
| |
(a) | for “a spouse’s matrimonial home rights” substitute “B’s home rights |
| |
are, under section 31,”, and |
| 20 |
(b) | for “the other spouse” (in each place) substitute “A”. |
| |
12 (1) | Amend section 54 (dwelling-house subject to mortgage) as follows. |
| |
(2) | In subsections (3)(a) and (4), for “matrimonial home rights” substitute |
| |
| |
(3) | In subsection (5), after “spouse, former spouse” insert “, civil partner, former |
| 25 |
| |
13 (1) | Amend section 62 (meaning of “cohabitants”, “relevant child” and |
| |
“associated persons”) as follows. |
| |
| |
(a) | in paragraph (a), for “two persons who, although not married to each |
| 30 |
other, are living together as husband and wife or (if of the same sex) |
| |
in an equivalent relationship;” substitute “two persons who are |
| |
neither married to each other nor civil partners of each other but are |
| |
living together as husband and wife or as if they were civil |
| |
| 35 |
(b) | in paragraph (b), after “have subsequently married each other” insert |
| |
“or become civil partners of each other”. |
| |
(3) | After subsection (3)(a) insert— |
| |
“(aa) | they are or have been civil partners of each other;”. |
| |
(4) | After subsection (3)(e) insert— |
| 40 |
“(eza) | they have entered into a civil partnership agreement (as |
| |
defined by section 72 of the Civil Partnership Act 2004) |
| |
(whether or not that agreement has been terminated);”. |
| |
14 (1) | Amend section 63 (interpretation of Part 4) as follows. |
| |
(2) | In subsection (1), after the definition of “health” insert— |
| 45 |
| ““home rights” has the meaning given by section 30;”. |
| |
(3) | Omit the definition of “matrimonial home rights” in that subsection. |
| |
|
| |
|