Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

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 either 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 ;

(d) an order under the Domestic Violence Acts 1996 and 2002 as amended by Part 9 ; and

(e) an order for the partition of property or under the Partition Act 1868 and the Partition Act 1876.

(2) The court, in exercising its jurisdiction under subsection (1) (a) or (b) shall have regard to the welfare 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 other civil partner.

(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.