Q&As

Where there are no divorce proceedings and no financial application before the court, but there are proceedings for an occupation order under the Family Law Act 1996 (FLA 1996), does the court have power under FLA 1996 or under any other provision to make an order requiring the party remaining in the matrimonial home to make a lump sum payment to the party leaving the home to cover accommodation costs?

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Produced in partnership with Matthew Haynes of St Ives Chambers
Published on: 12 December 2017
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Section 40(1)(b) of the Family Law Act 1996, (FLA 1996) provides the power for the court to:

‘order a party occupying the dwelling-house or any part of it (including a party who is entitled to do so by virtue of a beneficial estate or interest or contract or by virtue of any enactment giving him the right to remain in occupation) to make Periodical payments to the other party in respect of the accommodation, if the other party would (but for the order) be entitled to occupy the dwelling-house by virtue of a beneficial estate or interest or contract or by virtue of any such enactment.’

Although

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Occupation order definition
What does Occupation order mean?

An occupation order is an order under the Family law Act 1996 conferring, declaring, restricting or regulating rights of occupation in the family home between family members or those involved in a domestic relationship.

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