Occupation Orders Be Used in Divorce Cases

As a type of injunction, an occupation order deals with the family home and is usually applied for in very serious circumstances. It can restrict access to a property, prevent someone from entering a certain area of the house and set out details of who is responsible for paying the mortgage and utility bills. An occupation order does not, however, change the financial ownership of the property and can only be obtained against an ‘associated person’ as defined in section 62 of the Family Law Act 1996. Those classed as associated persons include spouses/civil partners, cohabitees, close family members, people who have agreed to marry and those who have had an intimate personal relationship of significant duration.

There are strict criteria that need to be met for an occupation order to be granted, and these vary depending on whether the application is for domestic violence or non-violent relationship breakdown cases. The court has to consider the ‘balance of harm’ in each case and must look at what would happen if an order is made versus the potential harm to the applicant (and any children involved) if an occupation order is not granted.

Despite these protective measures, victims of domestic abuse often experience difficulties in gaining a long-term solution for their living situation. In the study interviewing professionals who had secured occupation orders, many reported that their perpetrators continued to impose economic abuse by cutting down their mortgage contribution or stopping payment of utility bills. This has a detrimental effect on the victim’s ability to live in their home, particularly if they have children and must pay for alternative accommodation.

Can Occupation Orders Be Used in Divorce Cases?

For this reason, it is often necessary to seek the protection of an occupation order. This is a powerful tool that can provide a temporary solution, offering immediate relief and allowing the individual to return to their own home without the threat of violence. It can also be used to protect children from the risk of violence and allow them to visit a parent who has been excluded from the family home.

The length of an occupation order is usually limited to six months, but it can be extended for subsequent 6 month periods if necessary. The order may also include power of arrest if the applicant believes that their safety is at risk. The judge will also consider the cost of alternative accommodation if one party must leave their home. For this reason, it is essential to get professional advice from an experienced family solicitor before making any application for an occupation order.

Contact us today to be connected with a specialist solicitor in your area. We can help you understand your options and take the appropriate steps to safeguard your home, finances and children. We can assist with all areas of family law including pre and post-nuptial agreements, divorce and finances, cohabitation and separation agreements and private children law. We can also assist with obtaining injunctions such as occupation orders and non-molestation orders.