Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

119.

Miscellaneous ancillary orders.

119.— (1) On granting a decree of dissolution or at any other time after it is granted, the court, on application to it in that behalf by F42 [ either of the civil partners or a person on behalf of a dependent child of the civil partners may ], during the lifetime of either of the civil partners, make one or more of the following orders:

( a) an order providing for the conferral on one civil partner, either for life or for another specified definite or contingent period that the court may specify, of the right to occupy the shared home to the exclusion of the other civil partner;

( b) an order directing the sale of the shared home subject to the conditions that the court considers proper and providing for the disposition of the proceeds of the sale between the civil partners and any other person with an interest in it;

( c) an order under section 30, 33, 34 or 106 ;

F43 [ ( d ) an order under the Domestic Violence Act 2018; ]

F42 [ (e) an order under section 31 of the Land and Conveyancing Law Reform Act 2009 ; and ]

F44 [ (f) an order under section 11 of the Act of 1964 ]

(2) The court, in exercising its jurisdiction under subsection (1) (a) or (b) shall have regard to the F42 [ welfare of the civil partners and any dependent child of the civil partners ] and, in particular, shall take into consideration—

( a) that, where a decree of dissolution is granted, it is not possible for the civil partners to reside together, and

( b) that proper and secure accommodation should, where practicable, be provided for a civil partner who is wholly or mainly dependent on the F42 [ other civil partner and for any dependent child of the civil partners ].

(3) Subsections (1) (a) and (b) do not apply in relation to a shared or family home in which, following the grant of a decree of dissolution, either of the civil partners resides with a new civil partner or spouse.

Annotations:

Amendments:

F42

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 156(a)(i)-(iii) and (b), S.I. No. 12 of 2016.

F43

Substituted (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 51(b), S.I. No. 532 of 2018.

F44

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 156(a)(iv), S.I. No. 12 of 2016.

Editorial Notes:

E23

Previous affecting provision: subs. (1)(d) amended (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 156(a)(i), S.I. No. 12 of 2016; substituted as per F-note above.