Section 1 Matrimonial injunctions in the county court.

England and Wales

(1)

Without prejudice to the jurisdiction of the High Court, on an application by a party to a marriage a county court shall have jurisdiction to grant an injunction containing one or more of the following provisions, namely,—

(a)

a provision restraining the other party to the marriage from molesting the applicant;

(b)

a provision restraining the other party from molesting a child living with the applicant;

(c)

a provision excluding the other party from the matrimonial home or a part of the matrimonial home or from a specified area in which the matrimonial home is included;

(d)

a provision requiring the other party to permit the applicant to enter and remain in the matrimonial home or a part of the matrimonial home;

whether or not any other relief is sought in the proceedings.

(2)

Subsection (1) above shall apply to a man and a woman who are living with each other in the same household as husband and wife as it applies to the parties to a marriage and any reference to the matrimonial home shall be construed accordingly.

Notes on the whole Act

Textual amendments

F1: Act repealed (1.10.1997) by 1996 c. 47, s. 66(3), Sch. 10 (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3(1)(d)(i)