Needed For Occupation Orders
An occupation order prevents a person who has the legal right to occupy their partner’s home from being excluded. This can be useful for people worried that their spouse or civil partner may try to sell the house from under them.
It is extremely important that you have strong evidence to back up your application for an occupation order. This could include text messages, medical reports, photographs of injuries or police statements. It’s also helpful to have a diary or other evidence of patterns of behaviour that are being repeated. If there are children involved in the case, school reports or testimonies can be very effective in demonstrating the impact of domestic abuse on their well-being.
You must show that you are the joint or sole owner of the property, or that you have ‘matrimonial home rights’ from marriage and you have occupied the property as your main residence for a significant period of time. You must be associated with the respondent – this means that you are married, in a civil partnership, engaged to be married or in a civil partnership, living together as cohabitees, relatives, have had an intimate relationship for a long time, or are taking part in the same family proceedings.
The courts will carry out a ‘balance of harm’ test in deciding whether to grant the order. This will consider the risk of harm to you, any relevant children and the respondent if the order is not made. It’s important to have strong, clear evidence to support your application and it’s worth considering having a solicitor to help you put your case together.
What Evidence is Needed For Occupation Orders?
If you have the financial means to pay for your own accommodation, this may be a factor in a court’s decision. It will also take into account how much it would cost for you to remain in the property, including any utility bills and mortgage payments. If you can prove that you are unable to afford alternative accommodation this may be a consideration for the courts too.
Sometimes the courts will make an occupation order without the other party being aware of it if there is a real risk of harm to you or a child. This is known as a ‘without notice’ order and can be an emergency measure to protect you. Afterwards the court will arrange another hearing so both parties can have their say.
Occupation orders are draconian and are only granted in very serious circumstances. You should only apply for an occupation order if you have met all of the criteria and have strong, clear evidence to demonstrate this. A thorough and professional approach is required when dealing with these cases and specialist family lawyers at Sears Tooth can help you to get the right result. Contact us today to speak to a member of our team.
Occupation orders are a term typically associated with the legal framework established during or after a military occupation, where one country or force takes control of another territory, often during or after a conflict. These orders define the conduct of the occupying power, regulate the administration of the occupied territory, and often serve to guide the treatment of the population living under occupation. The role of occupation orders in history has evolved, but they have always been a crucial aspect of military governance.
