Occupation Orders Be Granted For a Short-Term Stay
As their name suggests, occupation orders are designed to keep someone out of a family home. They can also be used to define which parts of the property each person has access to and prevent eviction during a relationship breakdown. They can also help with associated costs such as mortgage payments or rent. As you can imagine, the emotional impact of such an order can be significant for the party being excluded from their home and it’s important to seek specialist advice before progressing with this type of application.
Occupation orders are only granted in serious circumstances and have to meet strict criteria. For example, you must have a legal or contractual benefit in the property or a right to occupy it. This could include being the sole or joint owner, legal tenant or have ‘matrimonial home rights’ through marriage and habitation of the property as your home. It must also be clear that you are ‘associated’ with the person you want to keep out of the property. This means that you are a spouse, civil partner, cohabitee or have been associated with the other person through another relationship for a long time.
In addition to these criteria, the court will consider whether a significant harm to the applicant would occur if the application did not proceed. This is referred to as the balance of harm test. The court must strike a balance between safeguarding the applicant, including any children of the relationship and the right of the other party to remain in their home. The court will also look at the physical and mental health of the applicant, housing needs and finances, as well as any associated risk to the other occupant.
Can Occupation Orders Be Granted For a Short-Term Stay?
Often an occupation order will be made without the respondent knowing about your application if you or a child is at immediate risk of harm. This is known as occupation orders on an emergency basis and will only be permitted if the application can be made within 24 hours. Alternatively you may be able to apply on notice where the other party has been informed about your application and a hearing will be arranged for them to attend.
When an occupation order is made the court will decide how long it should last and this can be a minimum of 6 months with one extension or up to unlimited provision. The court will review the financial stability of both parties and any safety issues before deciding on an order length.
Occupation orders are designed to offer a short-term solution to protect people whilst a longer term arrangement is put in place. They are rarely a long-term solution and it is recommended that you seek expert guidance from a solicitor who specialises in family law to determine the best way forward for your particular situation. The help, support and understanding that a qualified team can offer is invaluable during such a difficult and stressful time. If you are on a low income, you may be eligible to receive free legal aid so it’s worth enquiring about this at the outset.
