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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.

Advice on occupation order/ non mol

2 replies

Strawberrywinds · 29/01/2026 04:55

In the past few days I’ve told my husband of 14 years that I’ve had enough and want to separate. He has some narcissistic traits and I’ve put up with a lot of behaviour that I can now see is emotionally abusive, although very subtle. I had advice from WA and solicitor to lodge an occupation order given my evidence. Long story short, I decided not to serve it..we co-own our home with 2 children. I think my approach is to try and reasonably ask him to leave and agree a separation, for sake of kids. I don’t think he will, but the legal document seems so hardline and frightening..has anyone done this before? Honestly I don’t think we are in any danger, he’s just a complete a**hole who will never grow up.Is this really the best way out for me?

OP posts:
ShawnaMacallister · 29/01/2026 08:56

Honestly? It's really hard to evidence emotional abuse and especially if it's 'subtle' so I doubt you'd get an occupation order granted. It's also very adversarial to go through the court so if you can achieve the goal without, and safely, that's preferable.

Itsmetheflamingo · 29/01/2026 09:28

I won’t say no chance- but not on what you’ve said. A friend has just attempted this with a longer pattern of reported abuse police / social services involvement etc and £16k in legal and court fees later it was refused and the judge said she should never have been told it was possible.

you had to remember banning someone from the house they own is a huge legal step. It’s not a social question, it’s a legal/ land ownership question. The bar is (rightly) very high.

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