In the UK, occupation orders are court orders that regulate who has the right to occupy a particular property. These orders are typically used in situations where there are disputes between family members or cohabiting partners over who has the right to live in a shared property.
An occupation order can be granted by a court to prevent someone from entering or living in a property, or to require someone to leave a property. These orders can be temporary or long-term, depending on the specific circumstances of the case.
An occupation order can be granted under the Family Law Act 1996, which sets out the criteria that must be met in order for an order to be granted. The court will consider a range of factors, including the housing needs and resources of each party, the financial resources of each party, and the health and safety of the parties and any relevant children.
An occupation order may be granted if there is evidence of violence, threats of violence, or harassment between the parties. The court will also consider whether there are any other factors that suggest that an order is necessary, such as the risk of harm to a child or the fact that one party has a legal right to occupy the property.
An occupation order can be granted against a spouse or partner, but it can also be granted against a family member or a cohabiting partner. In some cases, an order may be granted even if the parties are not married or in a formal domestic relationship.
It is important to note that an occupation order does not transfer ownership of a property. It simply regulates who has the right to occupy the property. If the parties cannot agree on the ownership of a property, they may need to seek legal advice and take further legal action.
In summary, an occupation order is a court order that regulates who has the right to occupy a property. These orders are typically used in situations where there are disputes between family members or cohabiting partners over who has the right to live in a shared property. If you are facing a dispute over the occupancy of a property, it is important to seek legal advice to determine whether an occupation order may be appropriate in your case.