Obtaining an Occupation Order – what is it, and what steps to take to obtain it

The court can grant an occupation order to decide who can live in the matrimonial home after the breakup. Occupation order excludes one party from entering or living in the home or surrounding areas.

In case of domestic cruelty, the person can move to the court for an occupation order to remain living in the family home without the abuser.

What is an Occupation Order?

It is a type of injunction that aims to regulate the occupation of the family home. The primary function of this order is to determine which party gets to remain in the home following abuse.

Domestic violence is a valid ground for getting an occupation order through the family court. Depending on the situation, the court can enforce, declare, or restrict rights to occupy the property.

An occupation order can also specify the party which pays the mortgage, rent, and outgoings on the property. The person applying for the occupation order is called the applicant and the accused is the respondent.

Who can apply for an occupation order?

The applicant must have some relationship with the respondent and meet the criteria of the ‘associated person’. It covers

• Spouses, civil partners, cohabitees
• Relatives
• The applicant and the respondent have the same household
• Persons who have shared parental responsibilities previously
• Anyone with whom you were in an intimate relationship

What Does Occupation Order Cover?

It has a large scope and can not be only used to exclude someone from the property. It can also be granted for any of the following cases

• Enforces the right to remain in the family home
• Acquire permission to enter and stay on the property
• Regulate the occupation of the family home
• Exclude the individual from living in the home
• Exclude someone to enter the surrounding area in which the property is located
• Set out who is responsible for paying rent, mortgage, and household bills

Applying For Occupation Order

The involved parties must be associated with each other to apply for an occupation order. The applicant must complete the FL401 form correctly and submit it to the court.

When completing an application, you must accurately enter all the details along with the details of the respondents and the reasons for submitting this application.

Attach a witness statement in support of the application stating the reasons for making this application and detailing domestic violence incidents to make the court aware of the background circumstances. Make two copies of the occupation order application and the witness statement and submit them to the court.

How does the court approach an occupational order?

The court will grant occupational order based on two tests; balance of harm and core criteria tests.

• Balance of Harm Test – The court will assess how the applicant, relevant children, or any dependent are likely to suffer if the order is not granted.
• Core Criteria Test – The court will look at housing needs and resources, health, safety, and well-being of the parties and any relevant child.

How long do occupation orders last?

Occupation orders are granted by the court for a specified period. Mostly, occupation orders are granted for approximately 6 months and can be extended for a maximum of 6 months depending on the circumstances. In rare cases, it can be extended ‘until further notice.

Breach of Occupation Order

If the occupation order is broken, it is not automatically considered a criminal offence unless the court has attached power of arrest depending on the situation.

The respondent can be sentenced to up to 2 years in prison and face a fine of up to £5,000.

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

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