Occupation Order

• Applicant must have a legal or contractual benefit in the property, or a right to occupy 

  • If applicant is married to owner of property they have ‘matrimonial home rights’, meaning a right to the property

• The property is or at some time has been the home of both parties and was intended to be their home 

• The parties must be connected: 

  • Spouse/civil partner/cohabitee

  • Relatives

  • Engaged

  • Have had an intimate relationship with another for a significant duration

  • (Non-exhaustive list) 

•  The Court is required to use a ‘balance of harm test’:

• This balances the harm suffered by applicant or child if order is not made vs harm against the respondent if the order is made

  • Court considers financial needs, financial resources of parties and children, health, safety/well-being of children, and conduct of the parties

Fewer Occupation Order’s are granted then non-molestation orders

• they are only granted in serious circumstances

Click Here for Useful Forms for Occupation Order application