Occupation orders UK
Our solicitors can explain exactly how occupancy orders work, and help you get things under control.
Please note: We are a company based in Manchester, United Kingdom, and can only assist in family law matters to those living in England and Wales.
What is the purpose of an occupation order?
Occupation orders can be used to grant someone access back into their property. They can also be used to keep certain people away from a property and its surrounding areas, or both. They are usually served against abusive partners.
Occupation orders help to ensure that victims can live in the property safely and peacefully, without fear of the abusive ex-partner returning.
The order can be tailored to include who is responsible for maintaining the property and who should be paying, or contributing to, the mortgage or rent and bills.
We will ensure that the terms of your occupation order are fair and that they protect you from your abuser, so you can relax and live safely at home.
Who can apply for an occupation order?
Firstly, you must be able to show that you are in some way associated with the person you want to file the order against.
This means having a relationship with them of some kind, whether they are your partner, ex-partner, relative, co-habitant or someone you have been involved with in court proceedings before.
You must also be able to prove that you are legally entitled to live in the property, either as an owner, joint-owner or tenant. You can also apply if you were married to the owner or legal tenant.
How legally-binding are occupation orders?
Whilst occupation orders have no impact on the legal ownership of a property, the offender must abide by its terms. If they don’t they face arrest and possibly a jail sentence of up to five years.
The length of your occupation order will depend on your circumstances, but they generally last between six and twelve months. If necessary, they can be replaced by a further order when they expire.
What will the court consider when I apply?
When deciding whether to grant you your occupation order or not, the judge will consider:
- The housing needs of you and your family
- The behaviour and conduct of both you and your partner
- Your financial situation
- The impact the occupation order will have on everyone involved, also known as the ‘balance of harm’
In some cases, the judge may decide it’s necessary to impose both an occupation and a non-molestation order, especially when the case involves a particularly aggressive or violent offender.
Expert guidance on your occupation order
Over the years, our team have used their knowledge, experience and empathy to handle all kinds of domestic violence cases. Our approach is always accurate and compassionate.
We have had much success in granting occupation orders on behalf of our clients within different types of family arrangements. All of them were granted swiftly to offer our clients the protection they needed.
You should not have to live in fear. Contact our family law team today to discuss your situation in complete confidentiality.
Starting the process couldn’t be more simple!
- Contact us Get in touch however suits you best and arrange a consulation with one of our solicitors
- Meet an expert You’ll meet the expert solicitor assigned to your case and discuss all the necessary details
- Authorise Once we’ve got all the details of your case and you’re happy to proceed, just give us the go-ahead
- We get to work It’s time for us to get to work! We’ll set up your file on our system and get to work right away
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Very efficient firm. You have handled my case’s impeccably. My advisor, Charlotte, has been 100% professional and efficient.
You were the third solicitor firm who handled my claim. Things were going at a pedantic rate but your file handles Craig Johnson kept me informed and advised me whenever! The claim took over 3 years from start to finish but Craig worked on it in good time.
She saw to every little detail and made sure I was reassured every step of the way. She showed me empathy and always went the extra mile.
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