Occupation Orders Occupation Orders

An Occupation Order can:

• Allow someone to remain living in the family home.
• Require another person to leave the property.
• Prevent someone from entering the home or a surrounding area.
• Regulate how both parties use the property if they both continue to live there.

Many people assume that ownership of the property automatically determines who stays in the home. However, that is not always the case. The Court has the power to make Orders even where the person asked to leave owns or rents the property.

It is important to that that an Occupation Order will not change or decide who owns the property.

Occupation Orders are ordinarily designed to provide immediate protection and stability while longer-term arrangements are sorted out.

When might you need an Occupation Order?

At Preston Redman, we often advise clients who need urgent assistance because remaining in the same property is no longer workable or safe.

An Occupation Order may be appropriate where:

• There has been domestic abuse.
• A former partner is harassing or intimidating you.
• Living together has become impossible following separation.
• Children are being affected by conflict within the home.
• You have been forced to leave the property and need to return.
• You are concerned about your safety if another person remains in the home.

Every family's circumstances are different. The Court's primary concern is often preventing harm and ensuring suitable living arrangements can be maintained, particularly where children are involved.

Who can apply for an Occupation Order?

Not everyone can apply for an Occupation Order. Generally, you must have a qualifying relationship with the other person. This can include:

• Current or former spouses.
• Civil partners.
• Former partners who lived together.
• Parents of a child together.
• Certain family members.

Whether you own the property, rent it, or have other rights connected to the home may also affect how the application is considered.

If you are unsure whether you can apply, Preston Redman can assess your situation and explain your options in straightforward language.

How does the court decide?

The Court considers a range of factors when deciding whether to grant an Occupation Order.

These may include:

• The housing needs of both parties.
• Available financial resources.
• The welfare of any children.
• The likely impact on each person's health, safety and wellbeing.
• Whether either party has alternative accommodation available.

One of the most important considerations is known as the "balance of harm" test.

This means that the Court will look at whether you, or any child involved, would suffer significant harm if the Order is not made. It will then compare this with any harm the other person may experience if the Order is granted.

This allows the Court to make decisions that prioritise safety and wellbeing in difficult circumstances.

Can an Occupation Order be made quickly?

Yes. In urgent situations, the Court can sometimes make an Occupation Order without first notifying the other person.

This is often referred to as a "without notice" application. It may be appropriate where there is an immediate risk of harm or where giving advance warning could increase the danger to the person applying for the Order.

The Court will usually arrange a further hearing shortly afterwards so that both parties have an opportunity to set out their position.

At Preston Redman, we often assist people dealing with urgent family law situations requiring prompt action. We have experience representing clients applying for an Occupation Order as well as defending applications for an Occupation Order.

How long does an Occupation Order last?

Occupation Orders are generally temporary. The Court will specify how long the Order remains in force, and in some cases, it can be extended if necessary.

The purpose is usually to provide stability and protection while longer-term issues relating to housing, finances or children are resolved.

Getting the Right Advice

Applying for an Occupation Order can feel overwhelming, particularly when you are already coping with the emotional impact of a relationship breakdown or domestic abuse.

At Preston Redman, we provide clear, compassionate and practical family law advice. We will explain your options in plain English, help you understand the Court process and work with you to achieve the best possible outcome for you and your family.