Mesher Order – is it the right option for you?

Divorcing couples with children may consider a Mesher Order  to be a practical step as part of their financial settlement.  

A Mesher Order postpones the sale of the family home until a specific trigger event (normally once the youngest child turns 18 or finishes full-time education). During this time one spouse, typically the primary caregiver, remains in the family home with the children whilst the non-resident spouse retains a financial interest in the property.  

A Mesher Order negates the need for immediate sale of the family home, providing stability for the children and allowing parties time to adjust to the new financial norm following divorce. It may be that the resident spouse is in a position to buy out the other at a later date, and retain the family home in their own right. 

However, parties should consider the implications of remaining financially tied to one another for a set period of time as well as the impact that the Order may have on the  mortgage capacity  of the non-resident spouse. 

Legal advice should be sought before agreeing to, or requesting a Mesher Order.  

If you have any questions about Mesher Orders or any aspect of family law, please contact our award-winning family law team.