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.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") 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](https://www.gov.uk/government/publications/apply-for-a-non-molestation-or-occupation-order-fl401/how-to-apply-for-a-non-molestation-or-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](https://www.police.uk/pu/contact-us/). 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. *Vardags' team of top divorce lawyers delivers a bespoke legal service to HNW and UHNW individuals, their families, and businesses.* About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) Related Guides -------------- [Coercive and controlling behaviour and economic abuse](https://vardags.com/law-guide/financial-proceedings/coercive-and-controlling-behaviour-and-economic-abuse "Coercive and controlling behaviour and economic abuse") [Guide to Restraining Orders](https://vardags.com/law-guide/litigation-basics/guide-to-restraining-orders "Guide to Restraining Orders") [Hadkinson Orders](https://vardags.com/law-guide/financial-proceedings/hadkinson-orders "Hadkinson Orders") [Legal Services Payment Order](https://vardags.com/law-guide/financial-proceedings/legal-services-order "Legal Services Payment Order") [Non-Molestation Orders](https://vardags.com/law-guide/financial-proceedings/non-molestation-orders "Non-Molestation Orders") Glossary Reference ------------------ ### Occupation order Order of the court who has the right to remain in the family home. The occupation order does not affect the legal ownership of the home. ### Undertaking Legal promise made during proceedings that can be enforced by the court. The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. What our clients say -------------------- I always felt I was in the best hands, I highly recommend them! Alessandra Arrigoni Thanks to Emma and the team for the outstanding handling of my case. Throughout the months of my ongoing case I was kept informed and updated at all times never left wondering what was happening or where I stood. From meeting... Emma I felt instantly that my case was in good (understatement) hands, she has a friendly personal approach as well as so much expertise in the handling of family law cases. I feel so grateful to have had Emma and her team handle my case and for the outcome! Thank you! Emily Calvin Very comprehensive service with excellent in house expertise. They helped me achieve an outcome that was beyond my expectations. Paul Stringer Nicola and the team are the best support you could ask for at the most difficult of times. As well as being knowledgeable, forward thinking, organised and hard-working, she has empathy and goes above and beyond for her clients. C I hope you don't need it, but if you do, I would highly recommend Vardags. Xiao Ma I found myself in a position that I quite simply never dreamt I would be in in a million years. I went to Vardags, initially for advice. All my options were laid out in a very professional yet personal way. We decided to go down... a particular route and as my situation changed , so did the route that Vardags recommended. I had never felt so vulnerable in all my life and so it was very comforting to feel supported at all times. Anya Atkins OUR LEADERSHIP TEAM ------------------- [### Ayesha Vardag](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [### Stephen Bence](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [### David Lister](https://vardags.com/solicitors/london/david-lister "David Lister") [Founder & President](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [Senior Partner and Head of London Family - Divorce & Family](https://vardags.com/solicitors/london/david-lister "David Lister") [### Ayesha Vardag Founder & President ](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family")"Ayesha Vardag - Britain's top divorce lawyer." The Telegraph [### Stephen Bence Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO")"Dr Stephen Bence is a financial genius." Lewis Marks KC [### David Lister Senior Partner and Head of London Family - Divorce & Family ](https://vardags.com/solicitors/london/david-lister "David Lister")"Brilliant with a real spark which clients love" Legal 500 [Meet the rest of the team](https://vardags.com/team) [Vardags climbs ranks of UK's biggest firms in The Lawyer's UK 200](https://vardags.com/posts/vardags-london-climbs-ranks-of-uks-biggest-firms-in-the-lawyers-uk-200)