Like many separating couples, Mr and Mrs Grubb continued living in the family home while their divorce was in progress. Mrs Grubb had started divorce proceedings on the grounds that their marriage had irretrievably broken down due to Mr Grubb’s unreasonable behaviour. Initially Mr Grubb tried to defend the divorce, claiming the marriage had not broken down, but withdrew when he accepted he would not succeed. In addition to the family home, the couple owned two further properties, one of which was rented out and the other was a flat suitable for a single person.
Mrs Grubb had been diagnosed with a moderately severe depressive disorder and considered her health had suffered due to her estranged husband’s behaviour. She claimed he was an “emotional bully” and sought an occupation order. Mr Grubb had a key to the family home but would only issue one other family key and Mrs Grubb found herself locked out of the house on at least three occasions. Mr Grubb had also threatened to exclude his wife and children from the home whilst they were on holiday.
The Court found that Mr Grubb’s behaviour was having a negative effect on Mrs Grubb’s health and granted an occupation order requiring Mr Grubb to move out of the family home and a non molestation order stating he must not subject his estranged wife to harassment or pestering. The occupation order was to be kept in place whilst ancillary relief (the financial settlement) was agreed and Mrs Grubb intended to move out. It had also been agreed that the couple’s five children would reside with Mrs Grubb so she needed somewhere big enough to accommodate them.
Courts can issue occupation orders to force someone out of the family home where it is necessary to protect a person (including children). Depending on the circumstances, occupation orders can be granted with immediate effect and the Courts have powers to consider and grant an occupation order without the person concerned knowing an order was being considered. Occupation orders can stop someone returning to the family home or coming within a certain distance of the property. Alternatively occupational orders can be used to keep someone to using only certain rooms of a property and allowing use of other rooms only at certain stated times.
Occupation orders are often granted along with a non molestation order to prevent one person harassing, making nuisance calls, intimidating or even assaulting another. Both orders are available for couples who are living together but not married and same-sex couples as well as married couples. Anyone seeking to make either an occupation order or non molestation order or both will need to demonstrate that there is a genuine risk of harm to themselves or a child if the order is not made. This harm can be both mental and physical harm.
If you are concerned about sharing the family home during separation or divorce and would like further information on occupational orders or non molestation orders, please phone Alistair Dobson or Janet Hopkins on 01858 445480 or James Haworth on 0116 212 1080 now or complete one of the on-line forms. James is a member of the Leicestershire Regional Committee for Resolution, an association of legal professionals working to reduce conflict in separation and divorce.
