Clause 2 - Additional considerations if parties are cohabitants or former cohabitants
Domestic Violence, Crime and Victims Bill [Lords]
2:30 pm
Mr Joe Benton (Bootle, Labour)
With this it will be convenient to discuss the following:
New clause 1—Removal of anomalies in relation to cohabitants—
'Part 4 of the Family Law Act 1996 is amended as follows.
(1) Leave out section 41
(2) For section 35(10) substitute—
''An order under this section may, in so far as it has continuing effect, be made for a specified period, until the occurence of a specified event or until further order''.
(3) For section 36(10) substitute—
''An order under this section may, in so far as it has continuing effect, be made for a specified period, until the occurence of a specified event or until further order''.
(4) For section 37(5) substitute—
''An order under this section may, in so far as it has continuing effect, be made for a specified period, until the occurence of a specified event or until further order''.'.
(5) For section 38(6) substitute—
''An order under this section may, in so far as it has continuing effect, be made for a specified period until the occurence of a specified event or until further order;''.'.
New clause 12—Duration of occupation orders—
'(1) In Part 4 of the Family Law Act 1996 (c.27) (family homes and domestic violence), for section 35(10) (one former spouse with no existing right to occupy) substitute—
''(10) An order under this section shall be limited so as to have effect for a specified period of six months, but may be extended on two occasions for a further period of six months unless an application is made to discharge the order.''
(2) For section 36(10) (one cohabitant or former cohabitant with no existing right to occupy) substitute—
''(10) An order under this section shall be limited so as to have effect for a specified period of six months, but may be extended on two occasions for a further period of six months unless an application is made to discharge the order.''
(3) For section 37(5) (neither spouse entitled to occupy) substitute—
''(5) An order under this section shall be limited so as to have effect for a specified period of six months, but may be extended on two occasions for a further period of six months unless an application is made to discharge the order.''
(4) For section 38(6) (neither cohabitant or former cohabitant entitled to occupy) substitute—
''(6) An order under this section shall be limited so as to have effect for a specified period of six months, but may be extended on two occasions for a further period of six months unless an application is made to discharge the order.''