Occupation order solicitors
An occupation order is a court order that decides who can live in the family home. It can require a partner or family member to leave, keep them away from the property and the surrounding area, or protect your right to remain. Rushton Family Law advises on occupation orders, whether you need protection or are responding to an application.
Occupation orders at a glance
- An occupation order decides who can live in the family home.
- It can require someone to leave, keep them away from the area, or protect your right to stay.
- Spouses, civil partners, cohabitants, former partners and some relatives can apply.
- The court weighs the housing needs, resources and wellbeing of everyone involved, including children.
- Urgent applications without notice are possible, though granted less readily than for non-molestation orders.
Specialist Divorce and Family Lawyers
Rushton provides discreet representation for divorce, financial settlements, and arrangements for children. We treat every case with the care it deserves, without losing sight of what actually needs to get done.
When it really matters
Getting advice on an occupation order
We start by understanding what has happened and how urgent the situation is. That means your relationship with the other person, who owns or rents the home, who lives there, whether there are children, and whether you are at risk of harm.
From there, we will advise you on whether an occupation order is available, whether a non-molestation order is also needed, and how quickly the application should be made.
What an occupation order can do
An occupation order can:
- Require someone to leave. The other person can be ordered out of the home, or kept from returning to it.
- Divide the home. It can set out who may live in which parts of the home.
- Keep someone away. The other person can be excluded from the area around the property.
- Protect your right to stay. It can protect your right to remain in the home or to return to it.
The court can also make orders about paying the mortgage, rent or bills while the order is in place.
Who can apply
Who can apply, and on what basis, depends on your relationship with the other person and your legal rights to the property. Spouses, civil partners, cohabitants, former partners and some family members can apply. Applicants who own or rent the home, or have a legal right to live there, are generally in a stronger position than those who don’t.
How the court decides
Because an occupation order can remove someone from their own home, the court considers it carefully. It looks at the housing needs and financial resources of each person and any children, the likely effect of making or not making an order on everyone’s health, safety and wellbeing, and the conduct of each party. In some cases, the court must make an order if you or a child are likely to suffer significant harm caused by the other person.
Urgent applications
In urgent cases, an application can sometimes be made without notice to the other person. Courts grant occupation orders without notice less readily than non-molestation orders, as they’re a significant step, so we will advise you on the best approach in your circumstances.
Responding to an application
If an application has been made against you, it is important to take advice quickly. We will explain the application, advise on your position and any undertakings you could offer instead, and represent you at the hearing.
RELATED SERVICES
Our Team
Our team of specialist family solicitors offer expert advice in proportion to what’s at stake for you. We advise on all areas of family law and bring the same care and high standard to every family we work with.
Amie Pine
Partner - Divorce & Family
Emma Shortland
Associate
Ella Perry
Assistant Solicitor
Samantha Patel
Legal Support Assistant
Reviews and testimonials
Firstly, Amie Pine. This particular solicitor is an absolute master of her craft. She's knowledgeable, caring, understandable, professional and always one step ahead
The second person I would like to mention in my review is Emma Shortland. Her knowledge of the law is incredible. Please don't let her age put you off, as upon those very young shoulders is a very wise head.
Amie was brilliant helping me through and managing my divorce financials both professionally and personally, cannot recommend enough, thanks again Amie!
I recently went through a difficult divorce, and I cannot express enough gratitude for the exceptional service provided by my solicitor, Amie Pine.
From the very beginning, Amie provided clear, concise guidance and her expertise, professionalism, and compassion made a significant difference during this challenging time.
Amie was always available to answer my questions, no matter how trivial they seemed, and provided reassurance during the most stressful moments.
Amie was not only a legal advisor but also a pillar of support, helping me navigate the emotional and financial aspects.
Thank you, Amie, for making a difficult time more manageable and for helping me move forward with my life.
Amie Pine has helped me get through a financially and emotionally challenging divorce with great empathy, expert advice and the utmost professionalism.
She is always responsive and worked quickly to ensure the matter progressed despite the other party's delays and unreasonable demands. Thank you Amie - it's been a real pleasure having you represent me.
Nicola and the team are the best support you could ask for at the most difficult of times.
As well as being knowledgeable, forward thinking, organised and hard-working, [Nicola] has empathy and goes above and beyond for her clients.
I feel safer and not alone, knowing that I have Nicola's support - securing her to act for me was a huge weight lifted. No matter what the result, I am confident that she will have secured the best outcome possible.
outstanding legal representation when it really matters
FAQs
Yes. The court can make an occupation order requiring them to leave or stay away from the home, after weighing the risk of harm, each person’s housing needs and the children’s welfare. These orders are only made where they’re needed, because they’re a serious step.
How we work
An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.
Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.
A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.
Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.
Request a confidential call
Please share a few details about your circumstances and one of our specialist family lawyers will contact you at a convenient time. If a telephone call is not suitable, please let us know your preferred method of contact.
