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By Keoghs Solicitors on September 5, 2012
One of the questions people find themselves asking and seeking advice from a Family Law Specialist about after they separate is how they can move the other person out of the house. When a couple are separating, if the property is in joint names the other person can only be removed against their will in cases of quite extreme domestic violence. This will often need to have a physiological impact on the children or there needs to have been quite serious actual physical violence. In those circumstances someone would apply to the Court for an Occupation Order. The criteria or the benchmark is high and the Court will consider whether it is appropriate to exclude the perpetrator for a fixed period of time.