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occupation order purpose

General Disclaimer: Nothing presented constitutes legal advice and the McKenzie Friend UK Network is not a legal entity or in anyway claims to be a 'legal resource'. The resource guide is supported by McKenzie Friends and Litigants in person for Litigants in Person in Family Court. McKenzie Friends provide layperson support as an informed friend under the Family Court Practrice Guidance of 2010. All information is published under the spirit of that guidance. For any corrections of the information, please contact the McKenzie Friend UK Network
 
Purpose of an Occupation Order
 
 
 
The purpose of an Occupation Order is to regulate the family home.

Occupation orders have a very large scope and could do one or more of the following things:

  • Enforce a right to stay in the family home
  • Enforce a right to return to the family home, perhaps you've been locked out when you shouldn't have been
  • Exclude someone from the family home even though they have a legal right to be there, for example, excluding a spouse because of their violence and abuse
  • Set out who has to pay the rent or mortgage and repair and maintain the family home
  • Give a right to stay in the family home for a specified period and prevent you from being evicted during that time
  • Set out who lives in which parts of the home, where you both have to live in different parts of the same home
  • Ensure home rights are not brought to an end by the death of a spouse or civil partner or by the ending of the marriage or civil partnership
  • Orders are usually made for 6months to a year. They can be longer but this is not usual. They can be renewed.
 
 

 

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