Part IV rules meaning

Procedural Guide This Procedural Guide outlines the procedure for seeking an occupation order under Part IV of the Family Law Act 1996 (FLA 1996). It explains who is eligible to apply, the court’s evaluative criteria, and the additional requirements for without notice (ex parte) applications, together with rules on service, the approach to undertakings, and the availability of a power of arrest. It also addresses how long an order may run, how to draft the order, and the standard order 10.2—occupation order. An occupation order is an order under FLA 1996, Pt IV that primarily determines who has the right to occupy a property. The court may declare, confer, or regulate occupation rights in the family home as between family members or those in a domestic relationship. FLA 1996 identifies five scenarios in which the court may issue an occupation order; namely FLA 1996, ss 33, 35, 36, 37 and 38. Each of those provisions specifies who may bring the application, the scope of the court’s powers, and the...

FPR 2010, PD Update No 1 of 2026 FPR 2010, PD 27A—court bundles Amendments to FPR 2010, PD 27A set out which preliminary documents ought, where feasible, to be agreed by the parties, and clearly specify responsibility for lodging each preliminary document...

The intestacy rules Where a person dies wholly or partly intestate—because no valid Will exists or some part is invalid or ineffective—Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to: all the deceased’s movable property, wherever it is situated, provided the intestate was domiciled in England and Wales; and all the deceased’s immovable property in England or Wales, whatever their domicile Enquiries about a Will A thorough search should be carried out to determine whether the deceased left a Will. If none is found, enquiries should be made of the deceased’s next of kin and any known advisers instructed during their lifetime regarding estate planning, to establish whether a Will was made and has been lost. See Practice Note: Obtaining the Will. Reasons for total intestacy There is no statutory definition of intestacy. A total intestacy arises where none of the deceased’s property is disposed of because: the deceased did...

How to use this index This Practice Note offers an index with links to the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955—the main procedural rules that apply to family proceedings—together with all supporting Practice Directions. Use the 'Table of Contents' tab on the left-hand side of the screen; it will expand to reveal every Part of FPR 2010 and the associated Practice Directions for each individual Part. To open material within FPR 2010, select the margin note to the right of the text for the specific Part or Practice Direction you wish to consult. When you are inside a Part of FPR 2010, click the 'Table of Contents' tab on the left to then expand that Part, display all rules contained in it, and allow you to navigate to the relevant provision you are interested in or require. Within FPR 2010, the 'Table of Contents' tab also lists all other Parts of FPR 2010, and individual rules can be navigated to by clicking on each relevant...

This Practice Note outlines how to apply for an occupation order under Part IV of the Family Law Act 1996 (FLA 1996). It covers availability of legal aid and sets out the extra criteria for without notice applications, the requirements for service, and the position on undertakings and attaching a power of arrest. It also addresses how to draft the order, including use of Standard order 10.2—occupation order. Applications An occupation order under FLA 1996, Pt IV confers, declares, restricts, or regulates occupation rights in the family home between individuals who are, or have been, within specified relationship categories. Applications proceed in accordance with the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 10, together with Practice Direction FPR 2010, PD 10A. Frequently, an occupation order application is issued alongside a non-molestation order application. A non-molestation order restrains the respondent from molesting an associated person and/or a relevant child. See Practice Note: Non-molestation orders. On 17 December 2025, the President of...