What is an occupation order?
An occupation order is a court order relating to the family home. If you are the victim of domestic abuse, an occupation order can offer you protection if you feel unsafe living with your partner.
An occupation order is made under the Family Law Act 1996, and it can do any of the following:
- Enforce somebody’s right to remain in the family home.
- Enforce somebody’s right to return to the family home (for example, if they have been locked out).
- Exclude somebody from entering the family home, even if they have a legal right to be there.
- State who is responsible for paying rent or the mortgage.
- State who is responsible for maintaining the property.
- Give somebody the right to stay in the family home for a specified period of time.
- Set out who lives in what part of the home and which parts of the home are shared.
- Ensure somebody’s rights to a property are not ended by the death of their spouse or civil partner or by divorce or civil partnership dissolution.
- Require somebody to leave the family home.
An occupation order is tailored to your unique situation and functions in the way you need.