Matrimonial interdicts

I110Matrimonial interdicts

1

Section 14 of the 1981 Act (matrimonial interdicts) shall be amended in accordance with subsections (2) and (3).

2

For paragraph (b) of subsection (2) there shall be substituted—

b

subject to subsection (3), prohibits a spouse from entering or remaining in—

i

a matrimonial home;

ii

any other residence occupied by the applicant spouse;

iii

any place of work of the applicant spouse;

iv

any school attended by a child in the permanent or temporary care of the applicant spouse.

3

After subsection (2) there shall be added—

3

Subsection (4) applies if in relation to a matrimonial home the non-applicant spouse—

a

is an entitled spouse; or

b

has occupancy rights.

4

Except where subsection (5) applies, the court may not grant a matrimonial interdict prohibiting the non-applicant spouse from entering or remaining in the matrimonial home.

5

This subsection applies if—

a

the interdict is ancillary to an exclusion order; or

b

by virtue of section 1(3), the court refuses leave to exercise occupancy rights.

6

In this section and in sections 15 to 17, “applicant spouse” means the spouse who has applied for the interdict; and “non-applicant spouse” shall be construed accordingly.