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Occupation orders

An occupation order is an order under the Family Law Act 1996 (FLA 1996) conferring, declaring, restricting or regulating rights of occupation in the family home between parties who are in, or who have been in, certain categories of relationship.

Essentially, an occupation order will be either a declaratory order or a regulatory order.

Declaratory orders are those:

1. •

   declaring existing occupation rights in the home

2. •

   extending statutory occupation rights beyond the termination of the marriage on divorce or death

3. •

   granting occupation rights in the home to the non-entitled applicants (an occupation rights order)

Regulatory orders available are those:

1. •

   requiring one party to leave the home

2. •

   suspending occupation rights and/or prohibiting one party from entering or re-entering the home, or part of the home

3. •

   requiring one party to allow the other to enter and/or remain in the home

4. •

   regulating the occupation of the home by either or both of the parties

5. •

   terminating occupation rights, and

6. •

   excluding one party from a defined area in the vicinity of the home

For