Family Law Act 1995
Miscellaneous ancillary orders.
10.—(1) On granting a decree of judicial separation F14[or at any time thereafter], the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, make one or more of the following orders:
(a) an order—
(i) providing for the conferral on one spouse either for life or for such other period (whether definite or contingent) as the court may specify the right to occupy the family home to the exclusion of the other spouse, or
(ii) directing the sale of the family home subject to such conditions (if any) as the court considers proper and providing for the disposal of the proceeds of the sale between the spouses and any other person having an interest therein,
(b) an order under section 36,
(e) an order F16[under section 31 of the Land and Conveyancing Law Reform Act 2009],
(f) an order under section 11 of the Act of 1964.
(2) The court, in exercising its jurisdiction under subsection (1) (a), shall have regard to the welfare of the spouses and any dependent member of the family and, in particular, shall take into consideration—
(a) that, where a decree of judicial separation is granted, it is not possible for the spouses concerned to continue to reside together, and
(b) that proper and secure accommodation should, where practicable, be provided for a spouse who is wholly or mainly dependent on the other spouse and for any dependent member of the family.
F14[(3) Subsection (1)(a) shall not apply in relation to a family home in which, following the grant of a decree of judicial separation, either of the spouses concerned, having remarried, ordinarily resides with his or her spouse.]
Inserted (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 52(c), commenced as per s. 1(2).
Substituted (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 45(c), S.I. No. 532 of 2018.
Substituted (1.12.2009) by Land And Conveyancing Law Reform Act 2009 (27/2009), s. 8(1) and sch. 1, S.I. No. 356 of 2009.
Previous affecting provision: subs. (1)(d) substituted (27.03.1996) by Domestic Violence Act 1996 (1/1996), s. 21(c), commenced as per s. 25(1); substituted as per F-note above.