Our family team have covered many different types of orders in the past, most recently Simon Immins covered non-molestation orders, but one we’ve never tackled is occupation orders.
So, in this article, Family Partner Rosemary Sharp outlines what an occupation order is, how it works and how to get one.
What is an occupation order?
An occupation order is a legally binding document which regulates who can and can’t occupy the family home.
These types of orders are intended as a stopgap, so usually assign occupation rights on a temporary basis until occupation and ownership is decided for good in the final settlement.
An occupation order will usually be sought in circumstances where one person, and or their child, no longer feels safe living with the other individual due to issues of domestic violence, abuse, harassment etc.
What does an occupation order do?
An occupation order can set out:
- Who can live in the family home (and what parts of the home, where relevant),
- Who is prohibited from living in, entering or being within a specified distance of the home, and
- Who is responsible for paying expenses such as the mortgage, rental payments, additional bills etc.
It can also be used to confirm the occupation rights of someone who is currently living in the home.
Similarly, a non-molestation order can be used to prevent someone from using or threatening violence against you or your child; but doesn’t regulate occupation/living arrangements. Depending on your circumstances, this order may be more suitable.
Read our dedicated article on non-molestation orders here.
What are the requirements for an occupation order?
The court will take into consideration your relationship with the individual, and you’ll usually need to be associated with them in some way, whether your partners, spouses, cohabitants or family members, for an order to be granted.
Unlike divorce, an occupation order requires the applicant to prove that there are reasonable grounds for the application.
This means you’ll have to prove that there is a risk of harm to you or your child if the individual in question continues to live with you in the family home.
What evidence is needed for an occupation order?
You’ll be asked to provide evidence of any domestic violence or harassment. This may include:
- A sworn statement that details the abuse and its effects
- This can often be difficult and upsetting to produce, but its an important part of the process.
- Make sure to include key dates, times and locations of any incidents.
- Witness statements (where available)
- Police reports (where relevant)
- Medical records (where relevant)
The court will assess your evidence and its credibility before making a decision.
How hard is it to get an occupation order?
During the decision-making process, the court will:
- Consider whether there is alternative accommodation available for you and your children,
- Take into account your financial circumstances,
- Weigh up the risks and benefits of granting the order, and
- Prioritise your children, where they are involved.
Every case is different, and the court take everything on a case-by-case basis.
If your children are involved in divorce proceedings, you’ll likely need to get a Child Arrangements Order. This sets out who your child is to live, spend time and have contact with. You can read our dedicated article on Child Arrangements Orders, and how they work, here.
Related: What is a financial order and why are they important?
How much does it cost for an occupation order?
Just like a non-molestation order, an occupation order costs nothing to apply for.
However, there will be other costs involved if the occupation order leads to, or forms part of, divorce proceedings.
And, if legal advice is sought (which is recommended), there will be legal fees to pay.
Related: How much does it cost to get a divorce in 2024?
Related: Costs orders in divorce and financial matters
How long does it take for an occupation order to be granted? And how long does an occupancy order last?
The time it takes for an occupation order to be granted can vary depending on many factors, such as the urgency of the matter, the court’s workload and the complexity of the case.
On average, it may take a couple of weeks to a few months for an order to be granted; especially if the other party contests the order as a hearing will be required.
However, in some emergency circumstances, an occupation order can be granted as early as 24 hours after application.
Once granted, an occupation order last up to 6 months and in some circumstances can be extended to 12 months.
Do I need a solicitor to apply for an occupation order?
Although it is not required, we would certainly recommend instructing a solicitor to assist you in your application for an occupation order.
This area of family law can be complex, so its best to have a solicitor on side to ensure that your evidence is thorough, the application is completed correctly and that, if there is a hearing, you are represented by a legal professional.
At Frettens, we offer a free initial chat for all new clients where we can discuss the details of your case and provide a quote based on your circumstances.
Please don’t hesitate to get in touch with a member of our bright team on 01202 499255 or by filling out the form at the top of this page.
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