The Family Division at the High Court heard that the Wife in this case, who is in her late 70s, was frightened of her husband, a 67-year-old millionaire from Essex, and took legal action against him. Judge Catriona Murfitt concluded that the Wife was likely to suffer ‘significant harm’ if the Husband stayed in the property any longer and therefore he was ordered to vacate the property.
The Husband went on to appeal this decision, stating that the ruling was ‘unfair’. Mr Justice Baker dismissed this appeal and told the Husband that he had ‘no prospect’ of overturning Judge Murfitt’s initial ruling. Mr Justice Baker went on to say that the Wife claimed ‘that for the duration of the marriage, she had been the emotional punch bag for his insecurities and frustrations’.
Mr Justice Baker said that Judge Murfitt held that the Wife was likely to suffer significant harm if an order was not made and that harm was greater than any harm which the Husband was likely to suffer from having to leave the property and he upheld this decision.
If you are experiencing abuse following your separation or your former partner is acting in a vengeful manner and causing you to fear for your safety in the family home, as outlined in the case above, the Court can issue an occupation order against your former spouse.
An occupation order is an order setting out who has the right to stay, return, or be excluded from a family home. An occupation order doesn’t change the financial ownership of a home, it is usually a short-term measure and the length of time an occupation order lasts will depend on your circumstances. In many cases an order will last for between 6-12 months and some can be renewed. An occupation order can only be made for a property where you both live, did live, or intended to live in as the ‘family home’.
Our Family Law specialists are here to help and can provide the proper advice and guidance you need. You can talk to us in complete confidence about the legal steps you can take to bring your abuser to justice, to feel safe in the former matrimonial home and to legally end your relationship. Please contact us for an initial consultation today on 0161 927 3118.