Occupation Order

An Occupation Order regulates who can live in a certain property, or part of a property, and can be granted to either party involved in the dispute. It can be used to remove the person named in the Order (the Respondent) from the home, or it can be used to allow the person seeking the Order (the Applicant) to stay in the home and exclude the respondent. The Order can also include provisions such as preventing the Respondent from entering the property or a specific area around it and can regulate the payment of rent or mortgage instalments and other related expenses. 

What is an Occupation Order?

An occupation order is a type of injunction granted by the Family Court that determines who can live in the family home or enter the surrounding area. It’s designed to protect people where there has been domestic abuse or where living arrangements have become unsafe. Occupation orders are often applied for alongside non-molestation orders, especially when safety in the home is a concern.

Key elements of an occupation order:

• Sets out who can live in the family home, or parts of it
• May exclude the other person from the property entirely or limit their access
• Can be granted even if the other person is the sole owner or tenant
• Often used in situations involving domestic abuse or intimidation
• Can apply to married, unmarried or cohabiting couples, as long as they are associated persons
• Usually lasts for a fixed period (e.g. 6–12 months), but can be extended
• A breach of the order can result in arrest if a power of arrest is attached

Who Can Apply for an Occupation Order?

To apply for an Occupation Order, parties must be ‘associated’ with one another. Whilst the following is not exhaustive, associated persons include spouses/ civil partners / cohabitees, relatives (i.e. mother, father, step-parent, sibling, niece or nephew etc), people who have agreed to marry, people who have had an intimate relationship with one another for a significant period of time etc. 

In essence, an individual is entitled to apply for an Occupation Order if: 

• They own or rent the home and it is, was, or was intended to be shared with the person’s husband or wife, civil partner, cohabitant, family member, person they’re engaged to or a child’s other parent; or  
• A person does not own or rent the home, but is married or in a civil partnership with the owner and is living in the home (therefore creating ‘matrimonial home rights’); or  
• A person’s former husband, wife or civil partner is the owner or tenant, and the home is, was, or was intended to be a shared matrimonial home or  
• The person they cohabit, or cohabited with, is the owner or tenant, and the home is, was, or was intended to be those persons shared home.  

When deciding whether to make an Occupation Order, the Court will consider various factors, including the financial resources and housing needs of each party and any relevant children.  The Court will also consider the conduct of the parties as well as carrying out a balance of harm test which considers the likely effect that any Order, whether granted or refused, would have on the health, safety and well-being of the parties and children. 

How to Apply for an Occupation Order

Applying for an occupation order can feel scary, especially when you’re dealing with an already stressful time. At Walker Family Law, we’re here to guide you through the process with sensitivity and clear legal advice, helping you to protect yourself and your family.

Applying for an occupation order typically involves:

• Seeking legal advice to confirm eligibility
• Completing the application form
• Filing your application with the Family Court, this can be done with or without notice to the other person, depending on urgency
• Attending a court hearing, where a judge will assess your application and may issue a temporary or full order
• Serving the order on the respondent, either personally or via a process server
• Returning to court for a further hearing if necessary, especially if the application was made without notice

Occupation Order Solicitors

Our team of domestic abuse solicitors provide expert legal advice for clients who need the protection of an occupation order, or who are responding to one. Here’s how we can help you:

• Provide initial advice and explain your legal options clearly
• Prepare your application
• Urgent support with ‘without notice’ applications in emergency situations
• Representation at court hearings
• Advice on legal rights to the property, whether you own, rent, or share the home
• Protection of any children involved, including advice on child arrangement orders
• Follow up legal support with related matters such as non-molestation orders or separation proceedings

Our Experience in Occupation Orders

Our team has supported individuals in emergency applications requiring immediate protection, to complex cases involving property, children, and other related legal issues. We also regularly advise clients who have been served with an occupation order and wish to understand or challenge the order.

Our commitment is to treat each client as an individual with unique needs, ensuring that your case is handled with the utmost compassion and confidentiality. Contact us today to schedule a consultation with one of our experienced solicitors specialising in family law and domestic abuse.