Occupation Orders
Court orders under Section 33 of the Family Law Act 1996 to determine who can remain in or enter parts of a property, often for domestic abuse protection.
What is an Occupation Order?
An Occupation Order is made by the Court under Section 33 of the Family Law Act 1996 to determine who can remain living in a property, or define who can enter certain parts of the home, if parties cannot agree. It is often applied for by someone who has suffered domestic abuse and no longer wishes the other party to live in the home because they are frightened and require protection.
FAQs
Who can apply for an Occupation Order?
Not everyone can apply. Parties must be classed as 'associated persons'. Under Sections 62-63 of the Family Law Act 1996, a person is 'associated' if they:
- are or have been married to each other;
- are or have been civil partners;
- are a cohabitant or former cohabitant;
- live or have lived in the same household (not as employee, tenant, lodger, or boarder);
- are relatives;
- have agreed to marry one another (whether or not terminated);
- have or have had an intimate personal relationship of significant duration;
- have entered into a civil partnership agreement (whether or not terminated);
- are a party to the same family proceedings.
What will the Court consider?
The Court applies the 'Balance of Harm' Test, considering:
- the housing needs and resources of each person and any relevant child;
- the financial resources of each person;
- the likely effect of making or not making an Order on the health, safety, or well-being of each person and any relevant child;
- the conduct of each person.
If the applicant or any relevant child is likely to suffer significant harm from the respondent's conduct if an order is not made, the Court should make the order—unless the harm likely to the respondent or child if the order is made is as great as or greater than the harm to the applicant or child if it is not.
An Occupation Order does not change ownership; it only determines occupancy. The Court can also decide who pays mortgage or rent, and repairs. Orders last a maximum of 6 months.
How can you apply?
Complete a FL401 application and send to the Court (no fee). Prepare a supporting statement. For emergency situations where you or a child is at significant risk, you can apply without notice to the respondent. Otherwise, apply on notice so the respondent receives a copy and a hearing is listed.
How can WPC Lawyers help?
WPC Lawyer understands the complexities and sensitivities surrounding Occupation Orders. Our experienced team provides professional and compassionate assistance, safeguarding your well-being and security. Whether seeking protection from domestic abuse or establishing occupancy rights, we guide you through the legal intricacies with care and expertise. We prioritise your safety and rights, tailoring services to your unique circumstances and empowering you through the application process.
Contact us today at info@wpclawyers.co.uk.
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