An Occupation Order deals with the occupation of a property that is used as a home by an applicant and a respondent who are associated in some way. 

It can be used to:

• Enforce an applicant’s right to occupy a home
• Require a respondent to permit the applicant to enter the home or remain there
• Regulate the occupation of the home by either or both parties
• Prohibit, restrict or suspend certain rights of occupation
• Restrict or terminate rights relating to the home
• Require the respondent to leave the home
• Exclude the respondent from a defined geographical area where the home is located
• Give the applicant the right not to be evicted or excluded from the home or any part of it by the respondent for the period specified in the Order
• Prohibit the respondent from evicting or excluding the applicant during the period specified in the Order.

Our specialist family solicitors will explain more fully how an Occupation Order works and help you make or defend an application. They will also address other issues that you might need help with at the same time, such as a non-molestation order, divorce, finances relating to divorce or finances for cohabitants, and care or custody of children.]

How can I get an Occupation Order?

An application will have to be made to the family court. Depending on the circumstances of the case, this application might be initially ‘without notice’ (where the respondent is not aware of the application) or ‘with notice’ (where the respondent knows about the application and is therefore able to attend the hearing). 

Where the initial hearing is without notice it is likely that there will be a further hearing so that the respondent has an opportunity to put forward his or her response.

The factors which the court will consider and the length of any Order it makes will depend on the existing rights of occupation of the home, but may include:

• the housing needs and housing resources of each of the parties and of any relevant children

• the financial resources of each of the parties

  • the likely effect of any Order, or of any decision by the court not to make an Occupation Order on the health, safety or well-being of the parties and of any relevant children

• the conduct of the parties in relation to each other 

• the length of time that has elapsed since the parties stopped living together

  • the length of time that has elapsed since the marriage or civil partnership was dissolved or annulled

• the existence of any pending relevant financial proceedings between the parties

  • the nature of the parties’ relationship and in particular the level of commitment involved in it

• the length of time during which they have cohabited

  • whether there are or have been any children of both parties or for whom both parties have or have had parental responsibility

  • Whether the applicant or any relevant child is likely to suffer significant harm from the respondent if an Order is not made, and whether any harm suffered by the respondent would be as great or greater (this is known as the ‘balance of harm test’)

What happens if an Occupation Order is breached?

Breach of an Occupation Order is considered to be a contempt of court.

If the Order included a power of arrest, then an alleged breach could result in a report to the police and the respondent could be arrested and brought before the court within 24 hours (ignoring Christmas Day, Good Friday or any Sunday).

If the Order did not include a power of arrest an application may be made to the court for a warrant for the respondent’s arrest.

If the court is satisfied beyond reasonable doubt that the Order (or undertaking) has been breached the respondent could be sent to prison for up to two years and/or given a fine.  

I have been served with an application for an Occupation Order. What should I do?

Do not ignore it! This application has the potential to leave you homeless. You should ask for urgent legal advice.

Our specialist family solicitors can advise you on the merits of the application, your options going forward and help you with other issues that you may be facing relating to divorce or separation (and related finances) and the care or custody of children.  We always provide an initial free 15 minute phone call.