Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Occupation order definition

What does Occupation order mean? An occupation order is a family court order that decides who may live in, enter or be excluded from the family home, often to protect a partner or child in the context of domestic abuse and to regulate occupation pending separation or other family proceedings. In England and Wales, the term and powers are set out in Part IV of the Family law Act 1996 (ss.33–38): the court may confer, declare, restrict or regulate rights of occupation between “associated persons” (including spouses, civil partners, cohabitants and former partners). Orders are typically time‑limited, can be made urgently, may include a...

Occupation Orders under the Family Law Act 1996: Applicant Categories, Balance of Harm, Available Orders, Duration, Ancillary Provisions, Exclusion Zones and Committal (England and Wales)

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Practice notes

Occupation order

An occupation order, made under the Family Law ACT 1996 (FLA 1996), sets out, defines, limits or manages rights of occupation in the family home between the parties who are, or who have been, in certain categories of relationship. In essence, an occupation order will simply either be a declaratory order or a regulatory order in nature.

Declaratory orders include:

confirming the existing occupation rights in the home
extending the statutory occupation rights beyond the ending of the marriage on Divorce or death
granting the occupation rights in the home to non-entitled applicants (an occupation rights order)

Regulatory orders available include:

requiring one party to vacate the family home
suspending the occupation rights and/or forbidding one party from entering or re-entering the home, or part of the home
obliging one party to permit the other to enter and/or remain within the home
regulating how the home is occupied by either or both of the parties
terminating the occupation rights
excluding one party from a defined area in the vicinity of the home

For the procedure for an application for an occupation order, see Practice Note: Procedure for an application for an occupation order...

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Web page updated on 21/05/2026

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