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Start NowAn occupation order has the power to legally control who may stay in or return to the family home. This may be enforced if someone has been evicted from the property due to violence or abuse despite having the legal right to reside there.
It is important to note that only some are eligible to apply for an occupation order.
To do so, the parties involved must be classed as 'associated persons'. Falling under section 62-63 of the Family Law Act 1996, a person is acknowledged as 'associated' if they:
Are married, or have been married, to each other.
Are, or have been, civil partners.
Are relatives.
Have, or had, an intimate personal relationship for a significant amount of time.
Have agreed to marry each other, regardless of whether the arrangement has since been terminated.
The decision brought before the courts is not an easy one. Many different factors are considered before the outcome is decided. The court will also apply the 'balance of harm' test.
In such cases, the courts will consider the needs of each party and any relevant children, the finances of each person, as well as the health and safety of all involved.
Our dedicated team of solicitors are available for those who wish to learn more about occupation orders. We have a wealth of knowledge and experience regarding cases like these. We will provide expert legal advice and support throughout the duration of your case.
