Procedural Guide: Occupation Orders under Part IV of the Family Law Act 1996—Applications, Criteria, Without Notice, Service, Undertakings, Powers of Arrest, Drafting, Duration and Enforcement (England and Wales)

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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 maximum duration of any order, which depend upon the parties’ relationship and any legal rights they may hold to live in the home itself...

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Web page updated on 20/05/2026

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