The statute that created non-molestation orders and occupation orders (Part IV) to protect people from domestic abuse and regulate who can live in the family home. Applications are made on FL401.
In Plain English
The law that gives the court power to protect people from domestic abuse and decide who can stay in the house.
This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
A "gap" is a common assumption people hold going into family court, set against what the court actually does. The bold line below is the assumption — not a fact. The reality underneath is what the court typically observes.
Gap #191
The assumption
I have been living with my partner for 15 years, we haven't got any children. Surely under law I am now his common-law wife, which means I will therefore be entitled to the same rights as a married woman?
The reality
There is no such thing as a 'common-law wife' in England and Wales. No matter how long you cohabit, unmarried partners do not acquire the same legal rights as married couples — no automatic claim on each other's property, maintenance, or inheritance. (Family Law Act 1996)
Gap #259
The assumption
My partner solely owns our house, so if they want me out, I have no right to stay whatsoever.
The reality
Even without an ownership interest, a cohabitant or former cohabitant can apply to the court for an Occupation Order under section 36 of the Family Law Act 1996. This can give a temporary right to remain in the home, usually for up to six months with the possibility of one further extension. It doesn't create ownership, but it isn't nothing either.
Navigating court alone?
A McKenzie Friend can help you understand terms like these in the context of your case.
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