Occupation Orders Available in Same-Sex
If you’re experiencing domestic violence, are at risk of harm from a partner or feel unsafe in your home, you can apply for an occupation order. This is a court order that regulates who can live or enter a shared property, and can restrict them from living in the whole home or specific parts of it, including rooms like the bedroom and ensuite. Occupation orders are serious orders and are commonly sought in domestic violence situations, but can also be used to resolve disputes over shared property.
In addition to domestic violence, there are many different reasons why you might need an occupation order, such as a dispute over the care of children, financial issues or problems with house maintenance and cleaning. Regardless of the reason, it is important to know how occupation orders work, and when they are appropriate.
An occupation order is a serious injunction, and the courts must consider many factors before making one. They will assess the likelihood of harm to you, the respondent and any relevant children if they do or don’t make an order. They will look at the relationship between you and the respondent, whether there is history of abuse, their current behaviour, if the issue is related to money or housing issues and more.
The law defines cohabitants as people who are married, in a civil partnership or in another registered relationship, or who have been cohabiting for a period of at least two years. This includes same-sex couples. However, when deciding whether to make an occupation order, the court will examine the nature of your relationship and any history of abuse or harm between you.
Are Occupation Orders Available in Same-Sex Relationships?
This means that the rules for occupation orders are quite strict, and that the courts will not always make them. In the majority of cases, the courts will instead make a non-molestation order (which can include a zone clause) or other protective orders for victims to protect them from harassment and/or violence from their partners.
Our research, with 38 professionals working across England, explored the types of protection available to victims when a relationship breaks down and the barriers they face in applying for these orders. Participants were recruited through an online questionnaire and in-depth semi-structured interviews.
Overall, the professionals who took part in our research recognised that the law around occupation orders is very difficult to navigate. There is a need for the courts to take a more holistic approach when assessing a case and granting an order, considering the impact on both the applicant and the victim’s partner.
This will be particularly important for LGBTIQ+ couples, who have the same entitlements as all other couples in terms of child arrangements, parenting agreements and property settlements when their relationship breaks down. This is especially important, given the current trends in same-sex relationships to delay seeking legal support and, therefore, allowing their partners to escalate their behaviour. The Family Law Act facilitates parenting arrangements that prioritise the children’s best interests and enables same-sex couples to draft Binding Financial Agreements outlining assets should their relationship break down.
