Occupation Orders can be applied for under the Family Law Act and are an Order in which the court can decide who is or is not permitted to live in the family home, regardless of who has the legal right to live in that property. An Occupation Order can exclude one party from the property for a specified amount of time. This can be particularly relevant to women and children who have been living, or are living, in difficult or dangerous situations including those who have been subjected to domestic abuse.
In addition to regulating who is permitted to live in a property, an Occupation Order can also determine who is responsible for paying the mortgage/rent and other associated costs.
What is an Occupation Order in the UK?
So, what is an occupation order in family law? The basic principle of an Occupation Order is that it enforces one’s right to stay in a family home whilst excluding another party from doing so; however, it can also achieve the following:
- Determine who lives in which sections of the property
- Provide the right to remain in the family property for a specified period of time
- Determine who must pay mortgage/rent and other associated costs
- Prohibit someone from entering the family property for a specific period of time, even if they are legally entitled to inhabit the space
- Enable someone to return to live in the family property (e.g., after being locked out when you shouldn’t have been)
- Provide time to enable someone to consider their longer-term living options
How Long Does an Occupation Order Last?
The duration of an Occupation Order can vary. For instance, some orders will be limited to six months, whilst others will be in place for longer periods of time or until a specific event, e.g. until a divorce is finalised. In practice, Occupation Orders are usually made for between 6 and 12 months.
The granting of an Occupation Order can provide you with an opportunity to resolve your longer term living arrangements, for example by way of arranging ownership of the property and other financial assets during the divorce process. In certain circumstances, you can apply to extend an Occupation, for example for a further 6 months or until a specific event occurs.
What Happens When an Occupation Order Ends?
Once the family law act occupation order ends, any liability that has been imposed by the order will be ceased. This means that any party who has been excluded from the property by the terms of the order is free to return to the property, unless before the date the Order expires the ownership of the property has been resolved by other means, such as by way of a transfer of ownership or a tenancy.
Contesting an Occupation Order
Should the other party contest the application for an Occupation Order, directions may be made by the court about filing additional evidence and listing the matter for a contested hearing. At a contested hearing, a judge or bench of magistrates will consider the evidence before the Court to determine whether or not the order should be granted. Such evidence can includes Statements, Witness Statements, Police evidence, medical evidence and financial information.
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