Commentary on Sections Schedule 19: Family homes and domestic violence: Northern Ireland Part 1 – Amendments of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6))
777.This Part extends the provisions relating to matrimonial homes and domestic violence contained within the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (“the 1998 Order”) so as to apply to civil partners as they apply to married persons.
778.Part 1 of the Schedule amends Articles 2 to 15, 20, 22, 24, 31, 33 and 39 of and Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1998. The amendments consist mainly of adding the words “civil partner”, “civil partnership” and “civil partnership home”, as appropriate, in order to extend the rights of spouses under those provisions to civil partners. Part 1 also amends references to “matrimonial home rights” to read “home rights”, so that the description covers the rights of both married people and civil partners. The amendments provide for civil partners to apply for non-molestation orders and occupation orders, and grant civil partners the same rights to occupy the civil partnership home, as married people currently have to occupy the matrimonial home. The civil partner’s right to occupy the civil partnership home will be a charge on the property. The amendments made to Schedule 2 will enable certain tenancies to be transferred on the dissolution of a civil partnership or following a declaration of nullity of a civil partnership.