Family Law Act 1996

The Family Law Act 1996 is an incredibly important piece of legislation. It covers a range of important areas, including protecting people experiencing domestic abuse. Our team frequently advises clients on all matters dealt with by the Family Law Act 1996.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

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What The Family Law Act 1996 Covers

The Family Law Act 1996 is divided into several distinct parts, each addressing a different aspect of family law. They include:

• Protection From Domestic Abuse

Part IV of the Act gives the courts two types of protective order, and this is where the legislation has the most day-to-day impact.

• Non-Molestation Orders

A non-molestation order is a court order prohibiting a person from using or threatening violence against an applicant or a relevant child, or from harassing, pestering, or intimidating them. The order can be expressed broadly, covering molestation in general, or can target specific types of conduct, depending on what is needed in any particular case.

Applications can be made by anyone who is ‘associated’ with the respondent. That term is deliberately wide and covers spouses, civil partners, cohabitants, former partners, relatives, and those who share parental responsibility for a child. It is not limited to spouses.

One of the most significant features of a non-molestation order is that breaching it is a criminal offence, carrying a maximum sentence of five years’ imprisonment. This gives the order real weight. It also means that the police can act directly on a breach without the applicant having to return to the civil courts first.

If you are concerned about your safety or the safety of your children, we can advise you on whether a non-molestation order is the right step and guide you through the application process from start to finish.

• Occupation Orders

An occupation order is a different remedy but equally significant. Rather than prohibiting conduct, it regulates who can live in or be excluded from the family home. Even where a respondent has a legal right to occupy the property, whether as an owner or a tenant, the court can require them to leave or restrict their access to certain parts of the home.

The courts treat occupation orders seriously. They represent a significant interference with a person’s property rights and are not made without careful consideration. In deciding whether to grant one, the court weighs a range of factors, including the financial resources of both parties, the likely effect of the order on the health, safety, and wellbeing of everyone involved, and the conduct of the parties. Where children are part of the picture, their welfare is central to that assessment.

Ancillary provisions can also be attached to an occupation order, for example, requiring one party to continue meeting the mortgage or rent payments while the order is in place, or granting one party use of furniture and household contents. Where domestic abuse is a factor, the court can attach a power of arrest, enabling the police to act immediately on any breach without requiring a separate application.

We can advise you on whether an occupation order is appropriate in your circumstances and help you build the strongest possible application.

• Home Rights

Separately from occupation orders, the Act gives spouses and civil partners a statutory right to occupy the family home, even where they don’t own it or aren’t named on the tenancy. This right can be registered against the property, which protects it if the other spouse tries to sell or remortgage without consent. The right generally lasts for the duration of the marriage or civil partnership, though the court can extend it beyond that where the circumstances justify it.

• Divorce And Separation

Part II of the Act was intended to overhaul divorce law by introducing a no-fault, reflection-based process. In practice, those provisions were never brought into force. No-fault divorce eventually arrived through the Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022.

• Mediation

Part III of the Act established a framework for publicly funded mediation in family disputes. Before applying for certain orders, parties are generally expected to attend a Mediation Information and Assessment Meeting (MIAM) to explore whether mediation could resolve the issue without going to court.

How We Can Help

If you’re facing any of the situations the Act covers, whether that’s a safety concern, a dispute over the family home, or the start of separation proceedings, getting legal advice early makes a real difference to your options.

At Birch & Co, our family law team is experienced in handling all aspects of domestic abuse and occupation of the home. We understand that clients coming to us with these issues are frequently under significant stress, and our aim is to give clear, practical advice and take action promptly where that is what the situation requires.

Family Law Act 1996 Whether you need urgent advice, assistance preparing an application, or representation at a hearing, please do not hesitate to get in touch.