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Occupation Orders

When couples separate, whether through divorce, civil partnership dissolution or an unmarried relationship break-up, they often find it difficult to agree who will stay in the house and who will leave. In fact, quite a lot of the time, both parties end up staying in the home they shared when they were still a couple.

This can be a very difficult time as the relationship is already breaking down and living with the other person and still seeing them every day can be particularly stressful. It can also negatively impact any children living in the property, causing them a great deal of emotional distress.

If you find yourself in this situation it is advisable to get independent legal advice to understand what your options are. Specialist solicitors such as Austin Kemp can advise you how to proceed and will discuss with you whether the other party needs to be removed from the home.

If you would like the other party to leave, or, alternatively, where you have been told that you cannot get into the property by the other party, it is possible to get an occupation order through a court. The court can not only force one party to leave but can also rule that a party has the right to stay in the house or part of the house.

It is worth noting that these orders can also be used against family members, not only ex-partners.

In certain circumstances, particularly with regard to domestic abuse, it is possible to get your application to court on the same day that you come to see us. The application can be done, in exceptional circumstances, ‘without notice’ to the other party. This means that the other party will not be aware of your application and if successful the court will grant an interim occupation order. The other party can challenge the order once both parties return to court, usually a few days later.

High Net Worth Clients

We have a large amount of experience in such situations and particularly specialises in representing high net worth individuals. Our solicitors understand how difficult such a situation can be and will handle your case with the utmost sensitivity and discretion.

Equally, if you have been served with an application for an occupation order then we are able to provide you with expert legal advice regarding your position and how best to proceed, whether the order has been served without your notice or whether you have a court date for the first hearing. It is very important to seek independent legal advice as soon as this happens to you.

When the court is looking at granting an occupation order it will take certain things into account such as the parties’ financial situations, the conduct of the parties and the housing needs of the parties and any children. If there are periodic heated arguments in front of any children this may be all a judge needs to make an order.

Occupation orders rarely last longer than a few months and are only meant to be a short term solution.

We can guide you through this process at what can be a particularly difficult and stressful time in your life. Our team of lawyers are experienced in dealing with domestic abuse and harassment and will advise you of your rights and discuss with you how you would like to proceed.

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0845 862 5001 or email us today.

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