What is an Occupation Order?

An occupation order is a court order that regulates who can live in the family home and who must leave. It forms part of the Family Law Act 1996 and is often used in situations where one party needs protection from domestic abuse or when a couple is separating, and there is a need to decide who can occupy the family property.

The order aims to ensure the safety and welfare of individuals and any children involved by setting clear boundaries regarding the family home.

When is an Occupation Order needed?

They are most commonly sought in the following situations:

1. Domestic Abuse: If you are experiencing domestic abuse, an occupation order can remove the abuser from the family home, providing you with a safe environment.
2. Relationship Breakdown: During separation or divorce, an occupation order can determine who remains in the family home while legal proceedings continue.
3. Child Welfare Concerns: The court prioritises the welfare of any children involved. An occupation order may ensure children continue to live in a safe and stable environment.
4. Co-habitation Disputes: Unmarried couples or family members may use occupation orders to resolve disputes about who has the right to stay in the property.

Types of Occupation Orders

There are two main types of occupation orders under UK law:

1. Exclusive Occupation Order: This order allows one person to live in the family home while excluding another. It is typically used in cases involving domestic abuse, where one party must leave for the safety of the other.
2. Non-Exclusive Occupation Order: This order allows both parties to live in the home but sets out specific conditions and boundaries to manage living arrangements.

The court decides which type of order is appropriate based on the circumstances of each case.

How does an Occupation Order work?

1. An occupation order outlines who can stay in the family home and under what conditions. The court may also include additional rules, such as:
2. Whether one party can return to collect personal belongings.
3. Financial contributions toward household expenses.

Occupation orders are designed to be flexible, reflecting the unique needs and circumstances of each family.

Eligibility

To apply, you must meet certain legal criteria:

• Safety concerns: The court must be convinced that issuing the order is necessary to protect your safety or the safety of any children involved.
• You must be associated with the property: This means you must have a legal right to occupy the property, which could be as a homeowner, tenant, spouse, civil partner, cohabitee, or family member.
• You must have a relationship with the other party: This includes spouses, civil partners, cohabitants, or individuals in an intimate personal relationship.

How to apply

Applying for an occupation order involves a legal process, and it’s advisable to seek legal advice to ensure your case is presented effectively. Here’s how you can apply:

1. Seek Legal Advice: A family law solicitor can assess your situation and advise whether an occupation order is the best option.
2. Complete the Application: You’ll need to fill out the necessary forms, which can be obtained from the court or your solicitor.
3. File the Application: Submit the application to the family court, along with any supporting evidence.
4. Court Hearing: The court will schedule a hearing where both parties can present their case. The judge will consider factors such as safety, housing rights, and child welfare.
5. Court Decision: The judge will decide whether to grant the order and will outline the terms and duration of the order.

Occupation orders can be issued as either an interim (temporary) order while the case is ongoing or as a final order.

Factors the Court considers

When deciding whether to grant an occupation order, the court takes several factors into account:

• Housing Rights: Legal ownership or tenancy rights over the property.
• Domestic Abuse History: Any history of domestic violence or abuse is given significant weight.
• Impact on Children: The court prioritises the welfare of children when making decisions.
• Financial Resources: The court will consider the parties financial resources to ensure that they can either afford to remain in the property or rehouse themselves.
• Health and Safety: The safety and well-being of the applicant and any children involved are paramount.
• Conduct of Both Parties: The court may consider the behaviour of both parties, including any wrongdoing.

How long does an Occupation Order last?

They can vary in duration. An interim order may last for a few weeks while the case is ongoing, whereas a final order could last up to six months to 12 months, depending on the circumstances. An order may also be renewed.

The court will specify the duration when the order is granted. If needed, it is possible to apply to extend or vary the order.

Can an Occupation Order be challenged?

Yes, the person the order effects can challenge it in court. They may argue that the order is unnecessary or unfair. If the court finds the challenge valid, the order may be modified or revoked.

It’s important to have legal representation if an occupation order is challenged to ensure your rights and safety are protected.

Consequences of breaching an Order

Breaching an occupation order is a serious offence. If the excluded party returns to the property or violates the terms of the order, the court may find them in contempt and impose penalties, including fines or imprisonment. The court can enforce compliance to protect the safety and welfare of all parties involved. Should a power of arrest be attached to the order, breaching the occupation order will be a criminal offence and can result in the person’s arrest.

How an Occupation Order differs from a Non-Molestation Order

While both orders are designed to protect individuals in family law cases, there are key differences:

• Occupation Order: Regulates who can live in the family home and under what conditions.
• Non-Molestation Order: Prohibits abusive behaviour.

In cases of domestic abuse, both orders may be issued together to ensure comprehensive protection.

How a Family Law Solicitor can help

Navigating the legal system can be complex, especially during stressful family disputes. A specialist family law solicitor can:

• Provide Legal Advice: Assess your situation and recommend the best course of action.
• Prepare the Application: Ensure your forms and evidence are correctly completed and submitted.
• Represent You in Court: Present your case effectively, ensuring the court understands your need for an occupation order.
• Support Services: Provide advice on related issues such as child custody, financial support, and safety measures.

Conclusion

An occupation order is a vital legal tool for individuals who need protection in their home due to domestic abuse, separation or other family issues. It ensures your safety and welfare while providing clarity over living arrangements during challenging times.

Contact us today

If you believe you need an occupation order or require legal advice regarding your family situation, contact our experienced family law team for a free 30-minute initial case review. We’re here to support you through every step of the legal process.

Complete the call back form below or:

📞 Call: 01625 526 222
📧 Email: contact@sinclairlaw.co.uk

For more information visit https://www.gov.uk/money-property-when-relationship-ends/apply-for-consent-order

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