Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

34.

Restriction on disposal of household chattels.

34.— (1) The court may, on the application of a civil partner, by order prohibit, on the terms it may see fit, the other civil partner from disposing of or removing household chattels, if the court is of the opinion that there are reasonable grounds to believe that the other civil partner intends to do so and that it would F6 [ make it difficult for the applicant or a dependent child of the civil partners to reside ] in the shared home without undue hardship if the household chattels were disposed of or removed.

(2) Where proceedings for the dissolution of a civil partnership have been instituted by a civil partner, neither civil partner shall sell, lease, pledge, charge or otherwise dispose of or remove any of the household chattels in the shared home until the proceedings have been finally determined, unless—

( a) the other civil partner has consented to the disposition or removal, or

( b) the court before which the proceedings have been instituted, on application by the civil partner who desires to make the disposition or removal, permits the civil partner to do so, with or without conditions.

(3) Without prejudice to any other civil or criminal liability, a civil partner who contravenes subsection (2) commits an offence and is liable on summary conviction to F7 [ a class D fine ] or to imprisonment for a term not exceeding 6 months or to both.

(4) The court may order, on the application of a civil partner, that the other civil partner provide household chattels or a sum of money to the applicant, so as to F6 [ place the applicant or a dependent child of the civil partners ] as nearly as possible in the position that prevailed before—

( a) the other civil partner contravened an order under subsection (1) or (2), or

( b) the other civil partner sold, leased, pledged, charged or otherwise disposed of or removed the number or proportion of the household chattels in the shared home that made or is likely to F6 [ make it difficult for the applicant or a dependent child of the civil partners to reside ] in the shared home without undue hardship.

(5) In proceedings under this section, the court may make an order that appears to it to be proper in the circumstances, directed to a third person who has been informed in writing by a civil partner before the proceedings were taken, with respect to a proposed disposition to the third person by the other civil partner.

(6) For the purposes of this section, “household chattels” means personal property ordinarily used in a household and includes garden effects and domestic animals, but does not include money or any chattels used by either civil partner for business or professional purposes.

Annotations:

Amendments:

F6

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 138, S.I. No. 12 of 2016.

F7

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 61(a), commenced on enactment.

Modifications (not altering text):

C2

Application of section extended (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 14, S.I. No. 532 of 2018.

Application of section 34(2) of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

14. (1) Where an application for a barring order or a safety order is made against the civil partner of the applicant, subsection (2) of section 34 of the Act of 2010 shall apply—

(a) between the making of the application for the order and its determination, and

(b) if that order is made, while that order is in force, as it applies between the institution and final determination of dissolution proceedings to which that section relates.

(2) The court which is empowered under subsection (2)(b) of section 34 of the Act of 2010 to grant permission for a disposition or removal of household chattels within the meaning of that section is, notwithstanding anything in section 140 of that Act, the court before which the proceedings, including proceedings for a barring order or a safety order, have been instituted.

Editorial Notes:

E14

Power of court on application being made under Domestic Violence Act 2018 to make order under this section prescribed (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 15(1), (2)(e), S.I. No. 532 of 2018.