Family Home Protection Act 1976

Conduct leading to loss of family home.

5

5. (1) Where it appears to the court, on the application of a spouse, that the other spouse is engaging in such conduct as may lead to the loss of any interest in the family home or may render it unsuitable for habitation as a family home with the intention of depriving the applicant spouse or a dependent child of the family of his residence in the family home, the court may make such order as it considers proper, directed to the other spouse or to any other person, for the protection of the family home in the interest of the applicant spouse or such child.

(2) Where it appears to the court, on the application of a spouse, that the other spouse has deprived the applicant spouse or a dependent child of the family of his residence in the family home by conduct that resulted in the loss of any interest therein or rendered it unsuitable for habitation as a family home, the court may order the other spouse or any other person to pay to the applicant spouse such amount as the court considers proper to compensate the applicant spouse and any such child for their loss or make such other order directed to the other spouse or to any other person as may appear to the court to be just and equitable.

Annotations:

Editorial Notes:

E23

Power to make order under section in proceedings under Domestic Violence Act 2018 prescribed (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 15(2)(c), S.I. No. 532 of 2018.

E24

Power to make ancillary order under section on granting of decree of divorce prescribed (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 15(1)(c), commenced as per s. 1(2).

E25

Power to make preliminary order under section where application for decree of divorce has been made prescribed (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 11(c), commenced as per s. 1(2).

E26

Power to make ancillary order under section on granting of decree of judicial separation prescribed (1.08.1996) by Family Law Act 1995 (26/1995), s. 10(1)(c), S.I. No. 46 of 1996.

E27

Power to make preliminary order under section where application for judicial separation has been made prescribed (1.08.1996) by Family Law Act 1995 (26/1995), s. 6(c), S.I. No. 46 of 1996.

E28

Power to make order under section in conjunction with orders under Domestic Violence Act 1996 (1/1996) prescribed (27.03.1996) by Domestic Violence Act 1996 (1/1996), s. 9(1) and (2)(c), commenced as per s. 25(1).

E29

Previous affecting provision: power to make ancillary order under section on granting of decree of judicial separation prescribed (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 16(d), commenced as per s. 46(2); repealed (1.08.1996) by Family Law Act 1995 (26/1995), s. 3(1) and sch., S.I. No. 46 of 1996, subject to transitional provision in subs. (2).

E30

Previous affecting provision: power to make preliminary order under section where application for judicial separation has been made prescribed (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 11(c), commenced as per s. 46(2); repealed (1.08.1996) by Family Law Act 1995 (26/1995), s. 3(1) and sch., S.I. No. 46 of 1996, subject to transitional provision in subs. (2).