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Glossary of Legal Terms

We set out below a list of family law terminology to try and assist you in better understand what lawyers are talking about and some of the specific terms used. This glossary provides general information only. Specialist professional advice should always be taken and we cannot accept any liability for reliance on it.

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O

Occupation Order

An occupation order provides that one party is entitled to occupy a property, often to the exclusion of others, due to domestic violence and issues of threats and safety.

Overriding features or fairness considerations

In order to ensure a fair outcome in each case, the law allows an opportunity to stand back, after carrying out the exercise of sharing and provision for needs, to look at all the particular circumstances to make sure it is fair including interests of any children.

This may include claims for "compensation" where one party has made sacrifices for the marriage and children which are not adequately covered by needs. Compensation claims are rare but do arise. If in doubt, take legal advice.

 

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