A Mesher order represents a specific type of financial settlement that arises in divorce or separation cases. Named after the case Mesher v Mesher and Hall in 1980, this order involves the postponement of the sale of the family home, typically to provide stability for dependent children or other vulnerable parties. This blog will unpack the concept, implications, and scenarios where a Mesher Order might apply.

What is a Mesher order?

A Mesher order is a court order that delays the sale of a jointly owned property until a specific event occurs. Rather than requiring the immediate sale of the home after a divorce or separation, this legal mechanism ensures that one party, often the primary carer of the children, can remain in the property for a defined period.

Common triggering events for the sale include:

  • The youngest child of the family reaching a specific age, such as 18 or 21.
  • The completion of the children’s full-time education.
  • The remarriage or cohabitation of the party remaining in the home.
  • A fixed date determined by the court.

Purpose of a Mesher order

The primary aim of a Mesher order is to provide stability and continuity, especially for children, during and after the upheaval of a family breakup. It prevents the immediate displacement of the resident parent and children, offering them the security of remaining in the family home until the specified conditions are met.

How does a Mesher order work?

Under a Mesher order, the ownership of the property remains joint, but one party—typically the resident parent—has the right to live in the home. The financial interest of each party in the property is usually defined within the order, ensuring that both parties retain their respective shares, which will be realised upon the eventual sale of the property.

For example, if the property is owned 50:50 and a Mesher order is in place, both parties maintain their respective shares. When the sale occurs, the proceeds are divided as per the agreed or court-determined percentages.

Advantages and disadvantages of a Mesher order

Advantages:

  • Stability for children: The order allows children to stay in their familiar environment, minimising disruption.
  • Time to reorganise finances: It provides breathing space for the resident parent to adjust financially and consider long-term housing options.
  • Fair division of assets: Both parties’ interests in the property are preserved, ensuring fairness when the property is eventually sold.

Disadvantages:

  • Financial ties: The order prolongs financial ties between former spouses, which can lead to future disputes.
  • Delayed independence: Both parties may find it harder to move on with their lives financially and emotionally while the order is in place.
  • Potential for conflict: Disagreements can arise over maintenance of the property, payment of the mortgage, or the timing of the sale.

When is a Mesher order appropriate?

Courts typically consider a Mesher order in cases where:

  • There are dependent children involved.
  • One party is unable to secure alternative housing immediately.
  • Both parties agree, or the court deems it fair, to delay the sale of the property to benefit the children or resident party.

Alternatives to a Mesher order

While a Mesher order can be a useful tool, it is not the only option available. Other arrangements include:

  • Immediate sale and division: Selling the property and dividing the proceeds immediately after divorce.
  • Transfer of ownership: One party buying out the other’s share to retain sole ownership.
  • Deferred charge order: Similar to a Mesher order but with a financial charge on the property to secure the non-resident party’s interest.

Mesher orders can provide a pragmatic solution in family law cases, balancing the needs of children and the financial interests of both parties. However, they come with complexities and potential drawbacks that must be carefully considered. Seeking legal advice is crucial to understand whether a Mesher order is the right solution for your circumstances and to ensure that all terms are clear and enforceable.

If you need any assistance is negotiating a financial settlement regarding a property, or you wish to discuss Mesher orders further, please do not hesitate to contact our friendly and professional Family Team on 01245 228116 or by email at familyenq@gepp.co.uk.