Occupation Order UK

You can apply for an Occupation Order to ask the court to decide who should live in or return to your home or any part of your home.

Learn how to apply for an Occupation Order under the Family Law Act 1996. This guide covers eligibility, grounds, evidence, and the application process.

If you require assistance or legal advice regarding an occupation order, call our specialist family law solicitors at 0203 417 3700 or fill in our enquiry form.

Table of Contents

What is an occupation order?

An Occupation Order is a legal order granted by the Court under the Family Law Act 1996 that regulates who can live in the family home and provides protection.

In cases of domestic violence, abuse, or property disputes, Occupation Orders provide legal protection and may exclude one party from the home for a specified time.

Who can apply for an occupation order?

You can apply for an Occupation Order if you have a legal right to occupy the property. This includes:

• Spouses or Civil Partners
• Cohabitants or Former Cohabitants
• Former Spouses or Partners
• Other Family Members

Spouses or Civil Partners

Even if your name isn't on the title deed or lease, as a spouse or civil partner, you have legal rights to apply for an Occupation Order.

Cohabitants or Former Cohabitants

Unmarried couples who live together or have lived together can seek an Occupation Order if there is a dispute over occupancy or if one party needs protection.

Former Spouses or Partners

Individuals who are separated or divorced but still have ties to the family home can apply for an Occupation Order to resolve issues of occupancy or if they need protection.

Other Family Members

In some cases, other family members with a legal interest in the property or who live there may apply for an Occupation Order if they face disputes or safety concerns.

Each case is examined according to the specific circumstances. The court will take into account your legal interest in the property, the history of your relationship, and any concerns regarding safety or well-being.

Grounds for applying for an occupation order

There are several grounds on which an individual can apply for an Occupation Order in the UK.

The common grounds for an Occupation Order are typically based on situations that involve safety concerns, relationship breakdowns, or disputes over who should have the right to live in the family home.

Common grounds for applying include:

1. Domestic Violence or Abuse
2. Risk of Harm to Children
3. Fear of Intimidation or Violence
4. Breakdown of a Relationship
5. Disputes between Cohabitants

1. Domestic Violence or Abuse

If you're experiencing domestic violence, abuse, or threats, you can apply for an Occupation Order. It can exclude the abuser or regulate their access.

2. Risk of Harm to Children

Concerns about children's safety or well-being can lead to an Occupation Order. The court aims to protect them and their primary caregiver.

3. Fear of Intimidation or Violence

Feeling threatened, intimidated, or fearing harm can also justify an Occupation Order. It ensures your safety and peace of mind.

4. Breakdown of a Relationship

If a relationship ends and there's a dispute over the home, an Occupation Order can help. It establishes who has the right to stay.

5. Disputes between Cohabitants

Unmarried cohabitants can apply for an Occupation Order in property disputes. It's useful when they can't agree.

Each case is unique, and the court considers all evidence. Getting legal advice is key to protecting your rights.

What evidence do you need for an occupation order?

To apply for an occupation order in the UK, the evidence you need depends on the grounds for your application, but typically includes the following:

• Evidence of Domestic Violence or Abuse
• Evidence of Risk to Children
• Evidence of Intimidation or Fear of Violence
• Evidence of Financial or Housing Needs
• Evidence of the Breakdown of a Relationship
• Evidence of Previous Court Orders or Legal Documents
• Personal Statements
• Expert Reports

How to apply for an occupation order?

You can apply for an Occupation Order using Form FL401 if you need legal protection concerning your living situation due to domestic abuse or disputes.

Applying for an Occupation Order in the UK involves a formal legal process, typically under the Family Law Act 1996.

The steps for applying are outlined below:

1. Seek Legal Advice
2. Complete the Application (Form FL401)
3. Submit Your Application to the Court
4. Attend a Court Hearing
5. Court Decision and Enforcement

1. Seek Legal Advice

Getting an Occupation Order can be challenging, so seeking legal advice before applying is advisable.

Our family law solicitors in London can help you understand your rights, assist with the Occupation Order application, and represent you in court.

2. Complete the Application (Form FL401)

To apply for an Occupation Order, you need to complete the official court form (Form FL401) and gather all the supporting documents and evidence.

The Occupation Order form FL401 asks for details about:

• Your relationship to the respondent (the person you are seeking the order against).
• Your rights to the property.
• Any history of abuse or harm.
• Why you need the order and what you're asking for.

3. Submit Your Application to the Court

After filling out the Occupation Order Form FL401, send the application to the Family Court along with supporting evidence and a witness statement. There are no court fees for applying.

4. Attend a Court Hearing

The Court will then hold a hearing where both sides can argue their case. If you're in danger, you can ask for a hearing without telling the other person first (a without-notice application).

5. Court Decision and Enforcement

The court will consider several factors when deciding on an Occupation Order. This includes factors like who has a greater need for the home, the financial situation of both parties, the impact on any children, and the safety of those involved.

If the Court agrees, the Occupation Order will say what rules to follow, like how long it lasts and any restrictions. Breaking the order can lead to fines or even jail time.

For legal assistance with obtaining an occupation order, contact our family law solicitors in London at 0203 417 3700 or complete our enquiry form today.

How does the court decide whether to grant an occupation order?

The Court consider many factors when deciding on an Occupation Order, including:

• Who needs the home more
• How much money each person has
• How does it affect any children
• How safe you are

How long does an occupation order last?

An Occupation Order typically lasts for six months, but its duration can vary depending on the case. The Court may issue a temporary or permanent order based on the circumstances.

Do you need to go to court to get an occupation order?

Yes, attending court is required for an Occupation Order, as it is a legal order issued by the Family Court. However, in emergency cases, you can apply without notifying the other person initially.

Can an occupation order be appealed?

You can appeal an Occupation Order within 21 days of the decision if there are valid legal grounds, such as a mistake in the ruling or a change in circumstances.

What happens if the abuser breaks the order?

Breaking an Occupation Order is a serious offence. If someone violates the order, they could face legal consequences, including being arrested and charged with contempt of court.

You should report it to the police immediately, as the offender could be arrested, fined, or jailed.

You should:

• Call the police right away
• Show evidence of the breach (like messages or witness reports)
• The abuser could face arrest, fines, or up to five years in prison

Do you need a solicitor to apply for an occupation order?

Although not legally required, seeking advice from a family law solicitor is strongly recommended. At Wembley Solicitors, our experienced family lawyers can help protect your rights and interests, as Occupation Orders carry significant legal consequences.

Why you need a family law solicitor for an occupation order

Handling family legal issues can be challenging. Our family law solicitors in London specialise in these issues, including divorce, custody disputes, and property rights.

Here's why you should get legal advice when applying for an Occupation Order:

1. Expert Guidance on Eligibility

It can be difficult to figure out if you're eligible for an Occupation Order. Our family law solicitors know the laws about occupancy rights. We can check if you meet the criteria, whether you're a spouse, cohabitant, or have a financial stake in the property.

2. Understanding the Legal Grounds

To apply for an Occupation Order, you need valid grounds. This includes domestic violence, risk of harm to children, or fear of violence. Our family law solicitor will help you understand the legal grounds and gather evidence to support your case.

3. Protecting Your Rights

An Occupation Order can protect you from domestic violence or abuse by keeping the abuser out of your home. If you want to stay in your home while a dispute is being sorted out, our solicitor can protect your right to do so.

4. Navigating Court Procedures

Applying for an Occupation Order can be tough, as it involves court procedures. Our family law solicitor can take care of everything for you. We will prepare your legal documents, submit them, and represent you in court. We make sure your case is presented well.

5. Mediation and Negotiation

Your solicitor might try to find a solution outside of court through mediation. We often aim for peaceful resolutions where both sides agree. If that's not possible, we will fight for your rights in court.

6. Providing Emotional Support

Family law solicitors are not just about law; we care about your emotional well-being too. We offer support and reassurance, helping you feel more confident in your choices.

For professional advice or assistance with an occupation order, call our family law solicitors in London at 0203 417 3700 or complete our enquiry form online.

When should you contact a family law solicitor?

It's best to get legal advice from a family law solicitor early if you're thinking about an Occupation Order. The sooner you act, the better they can protect you. We can help prevent harm and ensure you get the right protections.

Contact Wembley Solicitors to obtain an occupation order

If you want legal advice or assistance with obtaining an occupation order, call our family law solicitors in London at 0203 417 3700 or fill in our enquiry form.