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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Occupational Order

4 replies

Icandothiseveryone · 25/08/2023 09:43

I mentioned to my husband this morning about nesting to see if he is up for the idea that we move in and out on our days and the kids stay in the house.
He said absolutely no way and I am the one choosing to leave so I should be the one to move out.
My solicitor briefly mentioned an occupation order when I spoke to him but I don't know anything about it or even if it's used for this sort of thing.
Does anyone know anything about then?

OP posts:
LemonTT · 25/08/2023 09:58

They are awarded on the basis of well being of the children. Obviously in cases were there is abuse against a partner or the children they are awarded.

Without abuse it needs to be an affordable and practical solution. There is no benefit of a father being made homeless.

Marabout · 25/08/2023 12:10

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Anita848 · 26/08/2023 23:59

Maybe this might help - https://iamlip.com/financial-terms-financial-court-orders-explained/ there's a part towards the bottom of the page that tells you about an occupation order and the form you have to fill out for it. It has a link there for another page on the website that tells you the process of how to fill out the form for it and the other help available online for doing it.

Financial Terms & Financial Court Orders Explained

Financial Terms & Financial Court Orders Explained - I AM L.I.P

https://iamlip.com/financial-terms-financial-court-orders-explained

millymollymoomoo · 27/08/2023 06:33

Why do you think your dh should move out?
he has equal rights to stay, and to the children as you do

can you afford to pay the mortgage in the fmh while one also pays rent and bills elsewhere? If not are you expecting him to sofa surf or stay with parents ?

many divorcing couples live in the same house while trying to work through - not say it’s ideal but is often the reality due to finances.

an occupation order should only be used in real cases of abuse ( not just that you argue and disagree)

what are your mid to long term plans? Sell? But him out?

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