At Reeds Solicitors we provide caring and sensitive legal advice on Occupation Order applications under the Family Law Act 1996. We help clarify your rights to remain in your home or exclude someone from it, and guide you through the process with care and compassion.
A relationship breakdown is traumatic in itself. Feeling unsafe in your home or being told to leave adds to the stress and uncertainty. We may be able to help you by applying to the Court for an Occupation Order.
An Occupation Order determines who can live in your shared home or enter specific parts of it. It is often used alongside a Non-Molestation Order to ensure the applicant is safe from domestic abuse.. When deciding whether to grant an Occupation Order, the Court applies a balance of harm test, weighing the likely harm to you and any children if the Order is not made against harm to you, the applicant.
As expert Family Law Solicitors, we will provide you with the legal advice and support you need. We will also file your application and prepare evidence that demonstrates risk and vulnerability as well as housing needs and any financial constraints.
Our Family Law Solicitors’ approach is rooted in understanding the emotional impact of distressing family situations and getting results to ensure you and your children are safe. We tailor our advice to your situation and help you gather supporting information such as incident records, police reports, or medical notes. If speed is essential, we can apply for an interim or emergency order without notifying the other person. Once an order is obtained, it may include a power of arrest so breaching it leads to immediate consequences.
We appreciate that no two cases are the same. Whether you are married, unmarried cohabitees, or relatives, we will treat your situation with sensitivity and respect. Our Solicitors have years of experience in domestic abuse cases and property disputes relating to family law. If you are asking “how to apply for Occupation Order England” or “can I stop my partner returning to our shared home”, we can advise and represent you.
An Occupation Order is usually temporary but can be extended or replaced as circumstances evolve. If a breach occurs, we advise on urgent enforcement steps. Choosing Reeds Solicitors means you have someone on your side who understands your legal options and can take positive action to protect you and your children’s interests.
Speak with us today via our website contact page, phone 0333 240 7373, or email [email protected].
How we can help
- Unparalleled Expertise: Our Family Law and Care Proceedings team include accredited members of the Law Society’s Children’s Panel and members of Resolution. All have extensive experience and expertise in family matters, with some having contributed to books and articles on the subject. Our Care Proceedings Solicitors are instructed by members of the public, professional agencies such as CAFCASS, and Local Authorities.
- Care and compassion: We will be firm when it comes to protecting your rights, the best interests of your children, and achieving the best outcome. But we believe family law is ultimately about people and understanding how devasting and emotional matters such as divorce, care proceedings, and child abduction can be. You are never just a client number to us; we will be there to support you and give you legal advice and representation you can trust.
- Fast acting and proactive: Some family law matters, such as getting Non-Molestation Orders and Port Orders for potential child abductions, require speed and tenacity to ensure you are protected. We know how the Court system works and have robust relationships with Local Authorities and the Police. Our Divorce Solicitors are familiar with common tactics used to stall financial settlement proceedings, especially in international and high-net-worth divorces. They will proactively enact strategies to ensure your case keeps moving forward.
- Comprehensive Services: Our Family Law Solicitors can help you with a full range of family matters, including but not limited to divorce, high net worth divorce, children’s law, care proceedings and PLO meetings, child abduction, Non-Molestation Orders and Occupation Orders, and more. Regardless of how complicated your case is, we can provide the expertise and experience you need.
- Confidentiality and Discretion: Family law matters, especially those involving high net worth divorce and children, can be extremely sensitive. Rest assured, all discussions and information shared with our team are strictly confidential. Your privacy and reputation are paramount to us.
Occupation Order FAQs
What is an Occupation Order and what does it do?
An Occupation Order is a court order that decides who can live in a home. It can exclude one person from the property entirely or restrict them to certain areas. The aim is to protect victims of domestic abuse or settle disputes between former partners over who stays in the family home.
Who can apply for an Occupation Order?
You can apply if you are associated with the other person and you both live in or have a legal right to occupy the property. Associated people include spouses, civil partners, cohabitants, former partners, and relatives. A Family Law Solicitor can assess your eligibility to apply for an Occupation Order and the strength of your evidence.
What does the court consider when granting an Occupation Order?
The Court uses a balance of harm test. It considers the likely harm to you and any children if the order is not made, and the harm to the other person if it is. The Court also looks at housing needs, financial resources, and the behaviour of both parties.
The core criteria test, (along with other considerations) is set out in section 33(6) of the Family Law Act 1996. The Court must consider several factors, including but not limited to:
- The housing needs and resources of everyone involved, including your children.
- The financial resources of you and the Respondent.
- The potential impact of any order, or the Court’s decision not to exercise its authority to issue an order, on the health, safety, or well-being of anyone involved, including your children.
- The conduct of you and the Respondent towards each other and in other aspects.
Can an Occupation Order be made urgently?
Yes, the Court can issue an interim Occupation Order without the other person being present if there is immediate risk. A full hearing will follow shortly after. This can provide swift protection in serious situations involving violence or threats.
What happens if the other person breaches an Occupation Order?
If the order includes a power of arrest, the police can detain the person immediately. Breaching the order may lead to criminal penalties, including possibly going to prison. If there is no power of arrest, you can apply to the court for an arrest warrant.
Speak with us today via our website contact page, phone 0333 240 7373, or email [email protected].