(last modified June 23, 2024 @ 8:01am)

An occupation order is a court order that regulates who can live in the family home and can exclude one party from the property if necessary. It is typically used in cases of domestic violence or relationship breakdown to protect one party's right to occupy the home and ensure their safety.

The court will consider various factors when deciding whether to grant an Occupation Order, including the housing needs and financial resources of each party, the welfare of any children involved, and the conduct of the parties towards each other.

An Occupation Order is a serious legal remedy and should be sought with the legal advice of an experienced family law solicitor. Violating an Occupation Order can lead to serious consequences, including legal sanctions.

To speak to one of our expert divorce and family law solicitors based in London, please call us on 0208 616 5535 or contact us through our online contact form. Having professional legal representation can greatly enhance your chances of achieving a favorable outcome and ensuring that your rights are protected.

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Who can apply for an Occupation Order?

In the UK, various individuals who are associated with a property can apply for an Occupation Order. These include:

  • Spouses and Civil Partners: Married couples and civil partners have legal rights regarding occupancy of the family home, and they can apply for an Occupation Order in cases of dispute.
  • Cohabitants: Unmarried couples who live together and share a property can also apply for an Occupation Order if there is a dispute over occupancy or if one party needs protection from the other.
  • Former Spouses or Partners: Individuals who are separated or divorced but still have ties to the family home may apply for an Occupation Order if issues arise regarding occupancy or if they require protection.
  • Parents or Guardians: Parents or guardians of children who reside in the family home may apply for an Occupation Order to ensure the safety and well-being of the children, especially if there are concerns about domestic violence or abuse.
  • Other Family Members: In some cases, other family members who have a legal interest in the property or who reside there may also apply for an Occupation Order if they face disputes or safety concerns.

The eligibility to apply for an Occupation Order depends on the specific circumstances of each case, and the court will consider factors such as the nature of the relationship, housing needs, and the welfare of any children involved. Seeking legal advice from a solicitor is advisable to understand your rights and options regarding an Occupation Order.

What are the grounds for applying for an Occupation Order?

The grounds for applying for an Occupation Order in the UK typically revolve around circumstances where there is a need to regulate who can live in the family home due to disputes or concerns about safety and well-being. Some common grounds for applying for an Occupation Order include:

Domestic Violence or Abuse

If one party is subjecting another party to domestic violence, abuse, harassment, or threats, the victim may apply for an Occupation Order to exclude the abuser from the property or regulate their occupancy.

Risk of Harm to Children

If there are children involved and there are concerns about their safety or well-being due to the behaviour of one of the parties, the court may grant an Occupation Order to protect the children and the primary caregiver.

Fear of Intimidation or Violence

Even in the absence of physical violence, if one party feels intimidated, threatened, or fears violence from the other party, they may apply for an Occupation Order to ensure their safety and peace of mind.

Breakdown of Relationship

In cases where a relationship has broken down irretrievably and there is a dispute over occupancy of the family home, one party may seek an Occupation Order to establish their right to remain in or exclude the other party from the property.

Disputes between Cohabitants

Unmarried cohabitants may also seek Occupation Orders to resolve disputes over the occupancy of shared property, especially if they are unable to come to a mutual agreement.

Each case is unique, and the court will consider the specific circumstances and evidence presented by both parties when deciding whether to grant an Occupation Order. Additionally, seeking legal advice from a family law solicitor is highly recommended when applying for an Occupation Order to ensure that your rights and interests are protected throughout the process.

How does the court decide whether to grant an Occupation Order?

The court considers various factors, including housing needs, financial resources of each party, the welfare of any children involved, and the conduct of the parties towards each other.

How long does an Occupation Order last?

An Occupation Order usually lasts for 6 months, However, the duration of an Occupation Order can vary depending on the circumstances of the case. It may be temporary or permanent, as determined by the court.

Can an Occupation Order be appealed?

Yes, decisions regarding Occupation Orders can typically be appealed within a certain timeframe after the court's decision.

Do you need a solicitor to apply for an Occupation Order?

It is highly recommended to seek legal advice from an experienced family law solicitor when applying for an Occupation Order, as it is a serious legal remedy with potential ramifications.

Why choose Vanguard Solicitors?

  • Legal Expertise: Family law is a complex and specialised area of law that encompasses various issues such as divorce, child custody, adoption, and domestic violence. Our family law solicitors have in-depth knowledge and expertise in this field, enabling us to provide accurate legal advice and guidance tailored to your specific situation.
  • Protection of Rights: Our family law solicitors ensure that your rights are protected throughout the legal process. Whether you're going through a divorce, seeking custody of your children, or dealing with domestic violence, we will advocate for your interests and help you navigate the legal system effectively.
  • Negotiation and Resolution: Many family law cases can be resolved through negotiation, mediation, or collaborative law processes, rather than through costly and adversarial court battles. Our family law solicitors are skilled negotiators who work to achieve fair and favourable settlements for our clients, avoiding unnecessary litigation whenever possible.
  • Representation in Court: In cases where litigation is unavoidable, having a family law solicitor by your side is crucial. We can represent you in court, present your case persuasively, cross-examine witnesses, and argue on your behalf to secure the best possible outcome.
  • Legal Documentation: Our family law solicitors handle all the necessary paperwork and documentation required for your case, ensuring that everything is prepared accurately and in compliance with the law. We draft legal documents such as petitions, agreements, and court filings, relieving you of the burden of navigating complex legal forms.
  • Compassionate Support: We understand that family law matters can be emotionally taxing and stressful. That's why our team provides compassionate and empathetic support to our clients throughout the legal process. We're here to listen to your concerns, answer your questions, and provide the guidance and reassurance you need during this difficult time.
  • Transparent Communication: We believe in open and transparent communication with our clients every step of the way. We keep you informed about the progress of your case, explain legal concepts in clear and understandable terms, and promptly address any questions or concerns you may have.
  • Regulated by SRA: We're authorised and regulated by the Solicitors Regulation Authority (SRA), so you know you're in safe hands.

Contact divorce & family law solicitors today

If you require expert legal assistance for a family law matter, don't hesitate to contact us today. Our team of experienced divorce and family law solicitors is here to help you navigate through these challenging times and achieve a positive resolution for you and your family.

To schedule a consultation with our divorce or family law solicitors in London, please call us on 0208 616 5535 or contact us through our online contact form.

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