Who can apply for an occupation order?

Different sections of the Family Law Act 1996 apply depending on your relationship to the respondent and your legal interest in the property. Section 33 covers those with a legal right to occupy; other sections cover cohabitants and former spouses.

What test does the court apply?

The court considers the 'balance of harm' test and the core criteria — the housing needs of all parties, financial resources, likely effect on the parties and any relevant children, and conduct.

How long does an occupation order last?

Typically up to six months, with the possibility of extension. The court will set the length based on the circumstances.

Can it be combined with a non-molestation order?

Yes. In many domestic-abuse cases both orders are applied for together on Form FL401.

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Family Law Support

Occupation Order Assistance

Support with applications regulating who can live in the family home.

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Response within one working day from our West Midlands office.

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Overview

How we help

An occupation order regulates who can live in a family home. Where domestic abuse or serious conflict makes shared occupation unsafe, an occupation order can require one party to leave, or set boundaries within the property. We help you prepare a clear, well-evidenced application.

Who this is for: Applicants who need the court to regulate occupation of a family home following separation, domestic abuse or serious conflict.

What is included

Assessing eligibility and the appropriate test that applies to your situation
Preparing Form FL401 and supporting witness statement
Balancing the 'balance of harm' and 'core criteria' tests in your evidence
Chronology of incidents and living arrangements
Preparation for the hearing
Coordination with any parallel non-molestation application

Process

How the process works

01
Eligibility review
We check which category applies to you and which test the court will use.
02
Evidence and statement
We help you prepare a clear witness statement and organise supporting documents.
03
Application
You file FL401 with the court. Applications can be combined with a non-molestation application.
04
Hearing support
We prepare you for the hearing and can refer you to authorised representation.

When we help

Common situations we help with

Every matter is different, but the following situations come up frequently. If any of these sound like yours, we can help.

You need the other party to leave the family home
You have been excluded from a home you are entitled to occupy
Living together has become unsafe following abuse
You need protection alongside a non-molestation order
Interim housing arrangements are needed while longer-term issues are resolved

Frequently asked

Common questions

Who can apply for an occupation order?: Different sections of the Family Law Act 1996 apply depending on your relationship to the respondent and your legal interest in the property. Section 33 covers those with a legal right to occupy; other sections cover cohabitants and former spouses.
What test does the court apply?: The court considers the 'balance of harm' test and the core criteria — the housing needs of all parties, financial resources, likely effect on the parties and any relevant children, and conduct.
How long does an occupation order last?: Typically up to six months, with the possibility of extension. The court will set the length based on the circumstances.
Can it be combined with a non-molestation order?: Yes. In many domestic-abuse cases both orders are applied for together on Form FL401.

Enquire

Send a confidential enquiry

Tell us briefly about your situation. A member of the family law support team will be in touch within one working day using your preferred method of contact.

Or contact us directly

+44 7747 234225·info@boadulegalservices.com