Disputes over the family home can be some of the most distressing aspects of relationship breakdowns. When one person feels unsafe or needs clarity about who can live in the home, the courts may step in with what is known as an Occupation Order.
An Occupation Order determines who has the right to occupy a shared property and under what conditions. If you’re suffering from domestic violence or are embroiled in a serious dispute over housing following a separation, understanding Occupation Orders is essential in protecting your well-being and securing your rights.
Here, our expert divorce solicitors explain the process of obtaining an Occupation Order in the UK. We’ll touch on who can apply, what evidence is needed, how long it takes and how it differs from other protective measures such as a non-molestation order, as well as how your children might be affected.
What is an Occupation Order in family law?
An Occupation Order is a type of injunction under Part IV of the Family Law Act 1996. It determines who can live in or enter a shared family home. The order can exclude someone entirely or allow one person to remain while placing restrictions on the other party.
If there are concerns around domestic abuse, coercive behaviour or unsafe living conditions, an Occupation Order will often be used. The overarching aim of an Occupation Order is to protect the application and/or any children who live in the property, thus restoring a sense of safety and security in the home.
What types of Occupation Orders are there?
Depending on the living situation of the applicants, there are various types of Occupation Order that issue different living arrangements and rights on the property. These include:
- Exclusive Occupation: One party is allowed to remain in the home while the other is excluded.
- Shared Occupation: Both parties may remain in the home but under strict guidelines (e.g. separate areas or times of use).
- Regulated Access: One party is permitted to access the property only at specific times or for certain purposes.
- Emergency Occupation Order: Granted urgently without prior notice to the respondent if there is immediate danger.
The type of order depends on the relationship between the parties, their housing rights, and the urgency of the situation. Evidence will usually be required to dictate the type of order issued.
What are the grounds for applying for an Occupation Order?
You can apply for an Occupation Order if:
- You are a victim of domestic abuse.
- You are in a serious dispute with a cohabitant about who should remain in the property.
- You or your children are at risk of harm by continuing to live with the other person.
When considering an application, the courts will consider whether the applicant or children are likely to suffer harm if the order is not made, and whether the potential degree of that harm outweighs the potential harm to the accused party.
Who can apply for an Occupation Order?
You’re able to apply for an Occupation Order if:
- You are legally entitled to occupy the property as a tenant, owner, or if you have matrimonial home rights.
- You are or were in an ‘associated’ relationship with the respondent, including:
- Married or civil partners
- Cohabitants or former cohabitants
- People who live or have lived in the same household
- Parents of a child
- Those engaged in an intimate relationship of significant duration
In some instances, even if you do not own or rent the home, you may still be able to apply if you have home rights or shared family ties.
How do I apply for an Occupation Order?
To apply for an Occupation Order, you need to:
- File Form FL401: This form is used for injunction applications under the Family Law Act 1996.
- Prepare a supporting statement: A detailed witness statement outlining your circumstances, reasons for the application, and the outcome you seek.
- Attend a court hearing: The court may schedule a hearing to consider both parties’ positions. In urgent cases, you may apply for an emergency Occupation Order without notifying the other party (known as a “without notice” application).
- Court decision: Depending on the evidence and urgency, the court may make an interim order, a final order, or dismiss the application.
It’s advised that you seek support from an expert family solicitor, particularly in cases involving abuse, safety concerns or complex housing rights.
What evidence is needed to support an Occupation Order application?
To increase the likelihood of success in your Occupation Order application, you should gather:
- Evidence of abuse (e.g. police reports, medical records, photos, messages)
- Witness statements
- Details of your housing rights
- Evidence showing the impact of the current living situation on your or your children's welfare
This documentation should demonstrate that the order is necessary for safety, stability, or wellbeing.
How long does an Occupation Order take?
For urgent cases, especially when immediate danger or abuse is involved, emergency Occupation Orders can be granted within hours of an application being made.
For non-urgent cases, the timeline usually spans 2-6 weeks depending on factors such as court availability, whether the respondent is notified in advance and whether further evidence is needed.
How long does an Occupation Order last?
The court sets the duration of the order based on the specifics of the case, so there is no set answer to this question. It can range from a few weeks to 6–12 months. The order may be extended or renewed in rare cases, especially when long-term risk is evident.
Interim orders can also be made while a case is being fully assessed. You can apply to vary or extend the order if your situation changes.
What factors do courts consider when granting an Occupation Order?
When the courts are considering whether to grant an Occupation Order, they consider these factors:
- The housing needs and resources of each party
- Each person’s financial resources
- The effect on the health, safety, or wellbeing of the applicant and any children
- The conduct of the parties
- Whether either party has alternative accommodation
However, irrespective of these factors, the child’s welfare is the court’s paramount concern in all decisions involving family homes.
What is the difference between an Occupation Order and a non-molestation order?
Whilst Occupation Orders and non-molestation orders are often applied for simultaneously (to fulfil the purposes of remaining in their home and to prevent further abuse), they serve inherently different purposes.
An Occupation Order regulates who can live in the family home, and under what conditions their tenancy is acceptable. On the other hand, a non-molestation order prevents a person from harassing, threatening or abusing another person. Whilst they are different in function, the purposes of both Orders are often conjoined in creating a safe home.
Can an Occupation Order force someone to leave their home?
Yes, there are cases in which an Occupation Order can force someone to leave their home, especially in cases where the court dictates that one party’s presence is threatening to the other or any children involved. In these instances, an Occupation Order can:
- Exclude the respondent from the property entirely
- Restrict the respondent from certain areas within the property
- Prevent the respondent from coming within a specified distance of the property
This is sometimes referred to as being ‘ousted’ from the home and can apply even when the excluded party owns or rents the property.
What happens if an Occupation Order is breached?
If someone breaches an Occupation Order, this is a significant offence. If the order includes a power of arrest, which will be attached by the court, the police have the right to arrest the respondent immediately if they violate the order.
If someone breaches the Occupation Order, consequences could include arrest, possible criminal charges, fines, imprisonment, or amendments to child arrangements and future orders. It’s important to acknowledge the potential severity of breaching an Occupation Order: it could put you in prison or prevent you from seeing children far into the future.
In cases where the order has no power of arrest, you may need to return to court to seek enforcement.
Can an Occupation Order be changed?
Yes. There are instances in which an Occupation Order can be changed, which fall into the following criteria:
- Varied: If your situation changes (e.g. reconciliation, new risk)
- Discharged: If it’s no longer needed
- Extended: If risks continue and protection is still necessary
Applications to change an order must be made through the court and supported by up-to-date evidence. Our expert Occupation Order solicitors can help you closely through this process, ensuring your welfare is protected at all times.
At Crisp & Co, we appreciate how stressful and intimidating applying for an Occupation Order in the UK can be, especially when combined with issues such as domestic abuse or threats to your children. We’ll guide you closely through the process, taking care of the complex matters so you can focus on your family
Don’t hesitate to call the expert family solicitors at Crisp & Co a call on 020 8003 4216 or request a free call back by filling out the enquiry form on the right hand side of the page.