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If you’ve faced any form of domestic abuse and you want to remain living in your home without your abuser, an occupation order can help you do this. But, what is an occupation order, and how can you apply for one? In this recent article, our family law solicitors outline everything you need to know.
For more information, please visit our family law page. Furthermore, if you want to contact a solicitor today, please call us directly on 020 3007 5500.
What is an occupation order?
An occupation order is a form of injunction applied for through the family court when there has been domestic abuse. The primary function of the order is to determine which party should remain in the property following any abuse that has occurred.
For you to make an occupation order, you must be classed as an ‘associated person’ to the respondent under the Family Law Act 1996. An associated person is when the respondent of the order is associated with you in one of the following ways:
- Married
- Civil partnership
- Cohabitation or former cohabitation (including same sex cohabitation)
- Living in the same household
- Relative (blood relative or otherwise)
- A person with parental responsibility for the same child
- You have or had an intimate relationship for a significant amount of time
- You are both a party in the same family proceedings
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Occupation order example:
Jane has been living with her husband for ten years. However, in the past three years, Jane’s husband has become increasingly violent, and it’s led her to stay at her brother’s house. Jane now feels she has the right to live in her own home but doesn’t want to live with her husband. In this circumstance, Jane applied for an occupation order. She got the order granted, which enforced her right to remain in occupation of the property and prohibited her husband from coming near the property.
How to apply for an occupation order?
To apply for an occupation order, you must complete the FL401 form correctly and submit it to the court for their consideration. However, before you make the application, you need to ensure you meet the following requirements:
- The involved parties must be ‘associated’ with one another under the Family Law Act 1996. Someone who is considered ‘associated’ with you is a spouse, civil partner, relative, cohabitee, among others.
- The property is or has been the home of both parties.
- The applicant for the order must have a legal or beneficial interest in the property or a right to occupy. For example, if one spouse is not the property owner, they will still have ‘marital home rights’ by their marriage and occupation of the property as their home.
What will the courts consider when deciding whether to grant the order?
When a court is considering granting an occupation order, they will apply two tests, which are:
- Balance of harm test. This test sets out the court’s duty to balance the harm caused to the applicant, the respondent and children involved if the order was absent. Therefore, under the balance of harm test, the court must make the occupation order if anyone is likely to suffer significant harm without the order.
- Core criteria test. In a circumstance where the balance of harm test fails, the court can make an occupation order via a core criteria test. In this instance, the court has the discretionary power to grant an occupation order if they feel it’s appropriate after considering the following factors:
- Housing needs of both parties and any relevant children involved.
- Financial resources of each party.
- Likely effect of an occupation order on the health and well-being of both parties and relevant children involved.
- The severity and frequency of the abuse.
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How long does an occupation order last?
Depending on the severity and frequency of the case, among other factors, an occupation order can last indefinitely in some extreme circumstances. However, an occupation order will rarely last more than six months.
Remember...
If you’re worrying about your order ending, don’t panic. You can apply for an extension. However, the court will only extend the order in specific circumstances. Furthermore, the court will only make an extension for a maximum of six months at a time.
How much does an occupation order cost?
The cost of an occupation order depends on the complexity and severity of the matter. However, to give you an idea of cost, the average price falls into the region of £4,000 – £8,000.
When it comes to your particular occupation order case, our solicitor’s guarantee:
- A clear overview of your legal standpoint and available options.
- Correctly completed the FL401 form.
- Court representation.
- The best possible chance of the court granting your order.
Get in touch with our family solicitors.
If you’re looking to seek an occupation order, you must complete the application correctly to get yourself the protection you need. Therefore, instructing an expert solicitor will ensure you have the best possible chance at getting your application granted by the courts. Our solicitor’s guarantee:
- Unlimited time to go through the details of your case and ask any questions you may have
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
To arrange your initial consultation with one of our solicitors, simply call us on 020 3007 5500.
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