Family

Occupation Order 

The provisions relating to occupation orders are more detailed and complex. As an overview, your status, i.e. whether you have a right to occupy the home, or you are a former spouse, cohabitant or former cohabitant will determine:  

• whether you can apply for an order;
• the provisions of any order granted;
• the factors that the court will take into account in deciding whether to grant any order and;
• the duration of the order.

The factors that the court must consider when granting an order depends on your status. We will advise you which factors are relevant to your case, however in completeness they are as follows:  

• the respective housing needs and housing resources of the parties and any child;
• the respective financial resources of the parties;
• the likely effect of any order or of any decision by the court not to make such an order on the health, safety or well being of the parties and any relevant child;
• the conduct of the parties in relation to each other and otherwise;
• the length of time the parties have lived together as husband and wife;
• the length of time that has elapsed since the parties ceased to live together;
• the length of time that has elapsed since the marriage ended;
• the nature of the parties’ relationship and in particular the level of commitment involved in it;
• whether there are or have been any children who are children of both parties or for whom both parties have or have had parental responsibility;
• the existence of any pending proceedings between the parties.