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Family Law Act 1996, Section 33(6)

  • badassdad
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30 Aug 18 #503651 by badassdad
Topic started by badassdad
Can the courts grant an occupation order under the Family Law Act 1996, Section 33(6)
If the applicant has no form of income/savings/outgoings?

My divorce is in its final stages and will be complete in four weeks, she has applied for a non-molestation order with an occupation order too.
She has never worked in the 15 years that we have been married, there is a mortgage still on the house and she is still living in it too.
I am renting elsewhere and can’t afford to pay the full amount, I am happy to let her have half of the house, if and when it sales.
But she will try to stay under that roof, to avoid paying rent.

All advise would be helpfull

Regards,
Sat's :)

  • hon3ybee
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31 Aug 18 #503657 by hon3ybee
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the short answer is Yes the courts could grant an Order regardless of income. These orders are there to help keep people safe. Though I must point out they will not necessarily be granted. It all depends on the situation.

If she has already applied then you should be given a court date for a preliminary hearing.

Not sure if without notice applications are dealt within the same time period as with notice applications. I was ordered to attend court seven days after ex's application.

She would have to have good convincing reasons, possibly needing evidence for it to be granted.

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