Section 35 – orders where the applicant is a non-entitled former spouse and respondent former spouse is entitled

The applicants for s 35 orders will be non-entitled former spouses where the respondent former spouse is entitled. Subsections (3) and (4) specify the provisions the order must contain in certain circumstances and are thus mandatory. Subsection (3) applies when the applicant is in occupation and the order must contain a provision giving the applicant the right not to be evicted or excluded by the respondent for the duration of the order and prohibiting the respondent from doing so. If the applicant is not in occupation, subsection (4) provides that the court must give the applicant the right to enter and occupy the dwelling house and require the respondent to permit the applicant to exercise that right for the duration of the order.