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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am trying to obtain an occupation order and have a 2nd

Resolved Question:

Hi I am trying to obtain an occupation order and have a 2nd hearing. I have been told by my solicitor that I don't have a beneficial interest in or can prove that. I've been informed it could be no partial or for a maximum of 12 mths this is the only possible outcomes I can hope to achieve. I've just read online though something about entering into marriage. Me and my ex nearly got married 2yrs ago we were 2 weeks away from wedding. Does this effect anything ?? I applied for a non molestayion order however my ex took an undertaking ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you dor your question. Please confirm:

-Are you in England or wales?

-Do you have any children together, if so how old are thry and with who do they live?

-when did you separate?

Customer: replied 1 year ago.
England 2 children aged 1 and 5 both ours I'm in a refuge currently with both children we both have parental responsibility and nearly got married two years ago had to cancel wedding to weeks away from getting married ?
Customer: replied 1 year ago.
Seperated 19th September second hearing and final one 16th December
Customer: replied 1 year ago.
My solicitor told me the possible outcome is no partial or maximum right to remain 12mths 6mths 6mths as no beneficial interest. It's been applied under family act however we were nearly married two years ago ? I'm obviously upset due to being 6yrs into the relationship and complexities of DV as I'm in a refuge however 2nd hearing is 16th December and if the only possible outcome to the occupation order is no, 6ths of partial what's the length of time passed after seperation that's too long as 3mths would have passed since I left and if I am not married then in the meantime can he still sell the house if I can't prevent it via land registry. He has enough finances to buy two houses and the one he is in has no mortgage either yet he told the judge he is broke and apparently he doesn't have to divulge his financials either although it was passed down via inheritance through probate and being an executor of the will and beneficiary to his late father's estate. He has taken an undertaking however that doesn't really count for much ?? If an occupation order is awarded as well who pays what in terms of rent bills ?
Expert:  Harris replied 1 year ago.

Thanks for confirming. You are legally allowed to apply to court for an occupation order but as your solicitor has stated, this is a temporary measure for short-term purposes. As you are not married you cannot apply to have the property/tenancy transferred to your name and intention of marriage does not create such a right - you must have been married to apply to court for this.

If you are unable to financially meet the housing needs of the children and the father can, you would be entitled to apply to court under the Children Act for the father to make property or money available to house the children for a certain time (eg. until they finish education). Such an application can be pursued using Form A1 and a £255 court fee to your local family court.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

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