Family Law Blog: What is an Occupation Order?

Family Law Blog: What is an Occupation Order?

An Occupation Order is a protective order. It is made by the court to decide who can live or not live in the home. It is granted under the Family Law Act 1996. This focuses on the rights of children and the responsibilities of parents.

When an Occupation Order might be needed

An Occupation Order can be used to gain the right to a return to a property. For example, if a spouse has changed the locks and is denying you access to the family home.

Alternatively, it can be used to help clarify the right for one party to remain in the house and who is going to pay the mortgage and bills. It is a short-term solution that does not change the financial ownership of the property.

An Occupation Order is often used in circumstances where there has been domestic violence as it decides who can live in the house.

Occupation orders are not granted lightly, and three requirements must be met:

1. You (the applicant) must have a right to occupy the property. (i.e. you must be the joint or sole owner or tenant. Or you have “matrimonial home rights” due to your marriage and occupation of the property as your home);
2. The property has been the home of you and the other person (the respondent); and
3. You and the respondent must be “associated”, i.e. you must be:
   1. • Married or in a civil partnership,
      • Formerly married or in a civil partnership,
      • Engaged to be married or be in a civil partnership
      • live or have lived in the same household. (Otherwise than merely by reason of one of them being the other’s employee, tenant, lodger or boarder);
      • related as a close family member

An Occupation Order will only be granted in serious circumstances. It effectively prevents a person who is legally entitled to live in their own home from doing so.

The court considers the housing needs and finances of the parties and their behaviour. They also consider the safety and wellbeing of children and the mental and physical health of the applicant.

The court will grant an Order of Occupation if it believes the applicant will suffer significant harm if the order is not made. The balance of harm test will also be applied, which balances the harm the applicant or child would suffer if the order were not made.

Ready to find out more?

To find out more, or for our assistance and advice in making an application for an Occupation Order, please contact a member of our Family Department. You can so so in a way that suits you, through our website, via email, telephone or Google Messenger.

We are proud to offer free advice at our Free Legal Advice Surgery or via a free 30 minute no obligation telephone appointment with one of our friendly and experienced team members.