Occupation Order

Hi everyone. New poster here who needs some urgent assistance.
My wife informed me last night that she is about to instruct her solicitor to gain a court order to have me leave the marital home of which we are joint owners. It is a 3 bed terrace in London. It is currently up for sale but we have only had one low offer which we declined. We intend getting divorced but nothing has progressed on that front. Our 23 year old son also lives here. I live a virtually independent life from them. We only communicate by texts. I live and sleep downstairs in the living dining room. They have the three bedrooms upstairs. Should I get a solicitor to help defend my interests. I do not want to leave the home as I am self-employed professional and it is my business base. Neither do I want to leave my home. I am 62. Take medication for anxiety and am currently in a state of shock and bewilderment.

Think your stbx is going to be slightly disappointed to find its not that easy to get an occupation order unless she has evidence that you have been abusive.

Make sure you keep yourself to yourself and walk away if she tries to engage you in any disagreements.

I would discuss the situation with your solicitor if you can afford too.

Thank you Mrs Mathisfun. That is what she will be saying. There were some verbal abusive exchanges sometime ago actually over a year ago. There has never been any physical abuse. Some of the verbal exchanges were because of my drinking. But I became teetotal more than a year and a half ago. I don''t recall a crossword since.

I don''t have a solicitor. What would be the best way to choose a one who specialises in divorce and related matters such as this?

When the verbal stuff occurred did either of you involve the police?

You would need a solicitor who deals with family law, some give a half hours free advise so you might what to check that out.

No the police have never been involved.

So no evidence of an abusive relationship, so unless you react to her inappropriately, giving her a reason to involve the police she will find it difficult to get an occupational order.

The applicant needs to demonstrate a ''risk of harm'' but not any actual domestic violence; see Re L (Children) (Occupation order: absence of domestic violence) [2012] EWCA Civ. These are not difficult orders to obtain.
There is now no court fee for an application - as with non-molestation orders - which tend to go hand-in-hand with occupation orders. They can form a very dangerous combination, so I wouldn''t underestimate the potential they can have.
You might also consider changing your identity on here if you are using your own name, so you cannot be identified.