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Occupation order

Posted by atr79gb 
Occupation order
February 21, 2020 06:19PM
I'm currently going through a divorce and am being emotionally abused.

I'm still living in the family home with my wife and her and her family are bullying me into moving out of the family home even though I'm paying for everything. I'm fully aware of the implications of moving out of the family home during the divorce.

I've completed a C1A form and have included this with my C100 form as part of my custody application.

I'm considering applying for an occupation order to ensure my wife is not able to bully me into leaving the home.

Does anyone have experience of doing this? What would be the implications of my wife breached the order?
Re: Occupation order
February 22, 2020 05:37PM
You don't need an occupation order so long as you remain in the matrimonial home and refuse to be bullied out of it. Take care, though. The only way your wife can get you out is if she can say that you have used or threatened violence towards her or any child of the family. In a situation like this it is by no means unknown for such allegations to be made up so make sure you are not set up in that way. A person making such allegations still has to prove them, of course, but it is better not to get into the position of having to defend yourself in that way.

I am assuming the property is in your joint names. If so, there is really nothing you need do apart from stand your ground.
Re: Occupation order
February 23, 2020 01:19PM
Thanks for the information.

I'm planning on staying in the family home until the divorce, custody and finances get finalised.

It's not an easy situation and I'm looking to ensure that I can protect my own position during this time.

I've listed the emotional abuse as part of my C1A application. I have read that it is possible to apply for a declaratory occupation order to enforce a spouse's right to remain in a property. Is there any benefit in doing this? Or should I simply stand my ground and put up with it?
Re: Occupation order
February 23, 2020 05:04PM
If you are a joint owner of the property there is absolutely no benefit to obtaining an occupation order. Quite apart from incurring needless cost a court might even not grant you one because you have no obvious need for it. An occupation order would be more appropriate in a situation where, say, your wife had changed the locks.
Re: Occupation order
February 24, 2020 12:34PM
Great, thanks for the advice.
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