Applying for an occupation order can be a stressful experience, especially given that there is usually conflict between the parties involved. Here at Fitz Solicitors, we’re committed to doing everything we can to ease the process for our clients.

In this article, we’ll be exploring how occupation orders work, how you can apply for one, and how we can help you through the process.

What is an Occupation Order?

An occupation order is a short-term order to make judgments about who can and can’t occupy a home. Occupation orders are generally between partners although they can be between any two people who cohabit/have cohabited a property. 

It’s important to note that an occupation order is not a long-term ruling but rather a temporary judgement, usually made to protect people’s safety. They are quite broad in their potential scope however and the details are usually quite specific to the case.

What Happens When You Apply for an Occupation Order

The first thing to know is that, as the applicant, you must have a legal right to occupy the property. This can include rights granted by marriage or cases of joint ownership/tenancy. If you have no clear legal right then you will likely have difficulty obtaining an occupation order.

Assuming that you do have sufficient grounds to apply for an order, the court will have to consider the ‘balance of harm’. It must consider whether granting the order would cause more harm than not granting the order either to the applicant or to any relevant children. In these cases, the court has broad authority to adjudicate although they must grant the order if they have clear reason to believe that doing so would minimise harm.

When to Contact Your Solicitors

If you’re looking to obtain an occupation order then you should contact solicitors as soon as possible. These situations can vary a great deal from case to case so you must get specific legal advice for your situation.

Bear in mind that an occupation order is likely just the start of a longer legal back and forth as you determine who has the right to the home. Your solicitors will be best placed to represent your interests if they know the full situation as soon as possible.

If you’re looking for experienced family solicitors who will represent your needs then contact us today at 01753 592 000 or use our contact form on the website.