This Practice Note provides a summary of the orders that a court can make ancillary to an Occupation order made under Part IV of the Family Law Act 1996 (FLA 1996) including for the discharge of rent or mortgage payments or other outgoings or in relation to the repair or maintenance of the house. It details the criteria that the court must have regard to when making an order.
Where the court has made an occupation order under FLA 1996, ss 33, 35 or 36, it also has the power, either when the order is made or at any time thereafter, to impose additional obligations on either party. Additional orders can not be attached to an occupation order under FLA 1996, s 37 or 38.
Ancillary orders
Ancillary to an occupation order the court can:
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impose on either party obligations as to:
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the repair and maintenance to the dwelling house, or
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the discharge of rent, mortgage payments or other outgoings affecting the dwelling house
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