§ 37 Page 5, line 14, leave out 'and'.
§
38 Page 5, line 21, at end insert'; and
(e) whether the entitled spouse offers or has offered to make available to the non-entitled spouse any suitable alternative accommodation.'.
§ The Earl of MansfieldMy Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 37 and 38 en bloc, and perhaps for the convenience of the House I may speak to Amendments Nos. 43, 69, 104, 136 and 137 at the same time.
These amendments arise out of concern that a very relevant practical factor in considering the criteria for regulating rights of occupancy in the matrimonial home, and indeed excluding a spouse from the home, was the availability of alternative accommodation. So, if there is no such accommodation and the applicant spouse would be homeless if occupancy of the matrimonial home were denied, there is obviously a far stronger case for granting an order than if a second home exists or if the non-applicant spouse is willing to pay the rent for another house or flat. I appreciate that it is not within the means of most people to pay for two homes; nevertheless it was thought that the Bill should take account of such circumstances where they arise.
§ Moved, That this House doth agree with the Commons in the said amendments.—(The Earl of Mansfield.)
§ On Question, Motion agreed to.
§ 3.30 p.m.