Property disputes and divorce - Martin orders and Mesher orders

Similarly, a Martin Order is also a postponement of the sale of the family home but this does not relate to the ages of any children. As a result, it is more commonly used when the parties in question have no children under the age of 18. With this type of order, the “trigger event” – when the house must be sold – is obviously different. It can be the occupying party’s re-marriage or cohabitation with a new partner.  However, in some instances, the occupying party could be entitled to remain in the house for the rest of his or her life. The property would only be sold when that party dies.

Martin Orders are typically made when the Family Court concludes that a wealthy spouse does not need immediate access to the capital locked up in the couple’s former home, and that the less wealthy spouse would be unable to rehouse themselves if the former marital home was sold and their interest in the property was realised.

A Mesher Order is essentially a postponement of the sale of a property for a specified period of time. They are made when children are involved. These orders allow one spouse and the children to remain living in the family home until the date the Courts have decided upon. Despite the occupation by one party, the property will remain in both party’s names throughout this period.

As for when a Mesher Order will end, this is usually either when the former couple’s youngest child turns 18 or they complete their secondary education, whichever is later.  However, the order can be extended in some circumstances, to cover the youngest child’s higher education.

Many family lawyers are not fans of Mesher and Martin Orders and prefer to see them as a measure of last resort. Likewise, the courts prefer to sever the financial ties between divorcing couples, if at all possible. They believe Mesher and Martin Orders simply store up problems for the future when the property must be sold.

As a result of these attitudes, these orders have fallen out of favour since the height of their popularity a few decades ago and are now used much less commonly.

First and foremost, it is essential that you get legal advice because it may turn out that there are other options. Finances following a divorce can have an impact on your life for years to come so it is vital that you know what you are getting into before taking action. An experienced family lawyer – like the ones we have here at Stowe Family Law – will be able to give you a realistic assessment of how much you can expect from a financial settlement and what difference a Mesher Order or Martin Order will make if you pursue one.