Paragraph 2

England and Wales

(1)

This paragraph applies if one spouse F1or civil partner is entitled, either in his own right or jointly with the other spouse or civil partner, to occupy a dwelling-house by virtue of a relevant tenancy.

F2(2)

The court may make a Part II order—

(F3a)

on making a divorce, nullity of marriage or judicial separation order or at any time after making such an order (whether, in the case of a divorce or nullity of marriage order, before or after the order is made final), or

(b)

at any time when it has power to make a property adjustment order under Part 2 of Schedule 5 to the Civil Partnership Act 2004 with respect to the civil partnership.

Annotations

Textual amendments

F1: Words in Sch. 7 para. 2(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 16(3); S.I. 2005/3175, art. 2(1), Sch. 1
F2: Sch. 7 para. 2(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 16(4); S.I. 2005/3175, art. 2(1), Sch. 1
F3: Sch. 7 para. 2(2)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 54(2); S.I. 2022/283, reg. 2