I move amendment No. 22:
In page 15, subsection (1), to delete lines 15 to 25 and substitute the following:
"(a) an order providing for the conferral on one spouse either for life or for such period (whether definite or contingent) as the court may specify of the right to occupy the family home to the exclusion of the other spouse,
(b) directing the sale of the family home subject to such conditions (if any) as the court thinks proper and providing for the disposal of the proceeds of the sale between the spouses and any other person having an interest therein,".
Under the current wording of section 13 (1) (a) of the Bill the court may make an order conferring on one spouse the right to occupy the family home for a specified period or an order directing the sale of the family home and the division of the proceeds. Under the current wording it seems that the court can make one order or the other, but not both. This amendment seeks to amend the section to allow the court to confer a right of occupation on one spouse pending the sale of the family home. The same problem seems to arise under the 1995 Act in the context of judicial separation. I would welcome the Minister's response to this amendment.