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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
 
Who can apply for an Occupation Order
 
 
 
Who can apply: occupation order?

You can apply for an occupation order if you’re a victim of domestic abuse and meet the requirements.

a) Association

Under the Family Law Act you have to be "associated" with the other person (known as the respondent). In general terms this means in one of the following ways:

  • You are or have been married to or civil partners of each other or have agreed to marry/enter into a civil partnership
  • You have lived together in the same household in a family scenario
  • You have had an intimate physical relationship of significant duration
  • You are parties to the same family proceedings

If you were married/in a civil partnership with the other person you are entitled to apply as of right, irrespective of any right to occupy the home, even if you are divorced/have obtained dissolution. You are also entitled to apply as of right if you were cohabiting or intending to cohabit a home.

For the full and defined list. Please refer to the list in Section 4 of the FL401 .

 

 

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