Occupation Orders

What is an occupation order?

An occupation order is a court order specifying who is and who isn’t able to live in the family home. During a divorce, many people enter disputes with regards to who will have access to the matrimonial home and occupation orders can be used as a temporary measure to tackle these issues until the court makes a permanent decision. 

In domestic abuse cases, occupation orders are one of the court’s key powers. They control who lives in a home and can be used to exclude those who use or threaten violence, as well as perpetrators of sexual or psychological abuse. Unlike a Home Rights Notice, it is possible to obtain an Occupation Order if you are not married.  

An occupation order is not a long-term financial settlement and does not determine your property rights, but it does provide temporary housing support.  

We can help you get an occupation order and support you through your divorce proceedings. Click below for a free initial consultation with one of our expert divorce solicitors. 

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who can apply for an occupation order?

To apply for an occupation order, you must fall within one of the following categories of people associated with the respondent:

• You are or were married to each other
• You are or were civil partners of each other
• You are or have been cohabitants
• You live or have lived in the same household (except for cases of sharing a household as a tenant or lodger etc)
• You are relatives 
• You are or have been engaged to marry each other
• You have entered into a civil partnership agreement
• You have or have had an intimate personal relationship for a significant period of time
• You share or have shared parental responsibility of a child with each other

How to apply for an occupation order

To apply for an occupation order, a Form FL401 must be completed and submitted to the court. An occupation order can be applied for without notice and on an urgent basis. If you feel at risk of imminent violence, you should contact the police. 

what does the court consider when asked to make an occupation order?

The court has a duty to consider the balance of harm, which essentially means whether the applicant will suffer significant harm if the order is not made, unless the harm suffered by the respondent if an order is made would be greater. If there are any children affected by the making of an occupation order, any risk of harm posed to them will also be considered.

The court must also take into account the following factors:

• The housing needs of the parties and any children.
• The parties’ financial resources.
• The effect of an occupation order on the health, safety and well-being of the parties involved, including any children.
• The parties’ conduct.

How long do occupation orders last?

Occupation orders are often made for a fixed period, typically six months. They can be extended for a maximum of 6 months at a time. 

The court may also make an occupation order which lasts until the occurrence of a specific event - such as the finalisation of the couple’s divorce or the court making a further order.

What happens if an occupation order is breached?

If a person breaches an occupation order, it is contempt of court. They can be brought before a judge and fined or imprisoned for breaking the terms of the order.

Where a victim feels that an occupation order is too strong, it is possible to get the other party to make an undertaking to the court to not to come to the property instead. An undertaking is a solemn promise to the court. If undertakings are broken, it remains civil contempt. 

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