Solicitor to Apply For Occupation Orders
Occupation orders can restrict who can occupy or access your home, set out specific terms for usage such as who’s responsible for paying the mortgage and utility bills, limit contact between someone and children you share a relationship with or exclude somebody from the property entirely. They are often granted on an emergency basis and can offer a temporary solution to safeguard a person or their family whilst other arrangements are put in place. These orders are not designed to be a long-term solution and are typically made for six months with the option of one extension.
The courts will consider many factors when deciding whether or not to issue an occupation order including the welfare of any children involved, your financial stability and assets and what alternatives are available to you. It is vital that you are well prepared for your case and speak to a legal professional who can help guide you through the process and ensure you have all relevant evidence at hand.
You can apply for an occupation orders yourself but unless you have evidence such as text messages, police reports or health visitor notes to prove domestic abuse it’s unlikely that you will be successful. It’s also important to remember that if you are unsuccessful and the successful party is awarded their costs it could be very expensive for you.
Do I Need a Solicitor to Apply For Occupation Orders?
If you are applying for an occupation order it is advisable that you speak to a solicitor. The reason for this is that the bar that the court must meet in order to grant an occupation order is very high. It must be proven that you are the owner, joint or sole owner of a property, have a contractual right to occupy a property or have matrimonial home rights in a property.
Alternatively, you can apply for an occupation order as someone who lives with the owner of a property, have a shared interest in the property such as joint mortgage or tenancy agreement or have a ‘right to occupy’ because of a civil partnership. It’s important to note that an occupation order will not change the financial ownership of a property.
It’s also worth noting that an occupation order can be withdrawn if it is no longer necessary or there are other suitable alternatives such as alternative accommodation or a permanent property settlement. However, the court will consider your financial situation and any costs you would incur for this before making a decision to overturn an occupation order. If you are able to provide firm evidence that a situation is no longer necessary the court may withdraw the order. However, they are not obligated to do so and can still proceed with an application. The court will then review the circumstances again. If they are satisfied that the situation is still necessary, they will order an occupation order to be issued.
