Legal Guidance for Home Occupancy Disputes
An Occupation Order is a legal injunction issued by the family courts in the UK under the Family Law Act 1996. It determines who has the right to live in the family home or restricts someone from entering the home or surrounding area. These orders are particularly relevant in situations involving domestic abuse or disputes over property occupancy following a relationship breakdown.
An Occupation Order regulates the occupancy of a property, deciding who can live in the home or specific parts of it. The court can:
-
Allow a person to remain in the home.
-
Exclude someone from the home or parts of it.
-
Restrict someone from entering the surrounding area (e.g., within 100 meters).
These orders are serious and can override existing property rights to protect individuals from harm or to resolve occupancy disputes.
To apply for an Occupation Order, you must be an “associated person” to the respondent, which includes:
Current or former spouses or civil partners.
Cohabitants or former cohabitants.
Relatives.
Individuals engaged to be married or in a civil partnership.
Parents of a child.
Individuals who have had an intimate relationship of significant duration.
Additionally, you must have a legal or contractual right to occupy the property, or the property must have been intended as the shared home.
Common reasons for seeking an Occupation Order include:
-
Domestic violence or abuse.
-
Risk of harm to children.
-
Fear of intimidation or violence.
-
Disputes over property occupancy following a relationship breakdown.
The court assesses the “balance of harm” test, considering whether the applicant or any child is likely to suffer significant harm if the order isn’t made, versus the harm the respondent might suffer if it is.
-
Seek Legal Advice
Consult a family law solicitor to understand your rights and the application process.
-
Complete Form FL401
This form is used to apply for both Non-Molestation and Occupation Orders.
-
Prepare a Witness Statement
Detail the circumstances necessitating the order, including any incidents of abuse or threats.
-
Submit the Application
File the form and statement with your local family court. There are no court fees for this application.
-
Attend the Court Hearing
The court will review the application and may grant an interim order pending a full hearing.
Occupation Orders are typically granted for a fixed period, often six months, but can be extended. Breaching an Occupation Order can lead to arrest if a power of arrest is attached. Otherwise, the applicant must apply to the court for enforcement.
✔ Expert Family Law Solicitors – Specialising exclusively in family law.
✔ Client-Focused Approach – Tailored advice to suit your unique situation.
✔ Transparent Pricing – Fixed-fee options available for peace of mind.
✔ Strong Court Representation – Protecting your rights and interests throughout the process.
An Occupation Order regulates who can live in the family home, while a Non-Molestation Order protects individuals from harassment or abuse.
Yes, in urgent cases where there’s a risk of harm, you can apply for an order without giving notice to the respondent.
The timeframe varies, but urgent applications can be processed quickly, sometimes within a few days.
No, you do not need to own the property to apply for an Occupation Order. You can apply if you have a legal or equitable interest in the home or if you have lived there and have a right to occupy it, such as through marriage, civil partnership, or cohabitation. An Occupation Order can help protect your right to live in the property, even if you don’t own it.
Breaching an Occupation Order can lead to arrest and potential imprisonment, especially if a power of arrest is attached.
At Waely Law, we make the legal process clear, efficient, and stress-free. Here’s what you can expect when you reach out to us:
