Mesher Orders in Divorce: What Happens to the Family Home?

Mesher Orders in Divorce Explained

Deciding what happens to the family home is often one of the most difficult issues to resolve during divorce. The property may represent not only significant financial value but also emotional security, particularly where children are involved.

One option the court may consider when dealing with the future of the matrimonial home is a Mesher Order. In this article, we explain what a Mesher Order is, how it works, and when it may be used as part of a divorce financial settlement.

Mesher Orders and the Cost of Living Crisis

As the cost of living crisis continues to intensify, Mesher Orders are being used more frequently in divorce cases. Rising house prices, higher mortgage rates, and stricter lending criteria mean that many separating couples cannot afford to rehouse immediately.

This has had a disproportionate impact on women, who are often the primary carers for children and may struggle to secure an independent mortgage following divorce. In these circumstances, a Mesher Order can provide short- to medium-term stability.

What Is a Mesher Order?

A Mesher Order is a court order that postpones the sale of the matrimonial home following divorce. It is named after a landmark legal case and is designed to delay the sale until a specified future event, known as a trigger event.

Typically, the order allows the parent with primary care of the children to remain living in the family home until the youngest child reaches adulthood or another trigger event occurs. The property remains jointly owned during this period.

Mesher Orders are usually recorded within a consent order, which is the court document that makes a divorcing couple’s financial agreement legally binding.

Key Things to Know About Mesher Orders

• One parent can remain in the family home: A Mesher Order delays the sale of the property, often until the youngest child turns 18, the resident parent remarries, or both parties agree to sell.
• The property remains jointly owned: Both parties stay financially connected, meaning responsibility for the mortgage, insurance, and maintenance usually continues.
• It prevents a clean break: Unlike a clean break order, a Mesher Order keeps financial ties in place for many years, which may limit future financial independence.
• It is not always the best solution: Alternatives such as selling the property, downsizing, or buying out the other party’s share may provide faster financial closure.

The Impact of the Current Financial Climate

In today’s economic climate, lower average incomes, career gaps, and increased mortgage affordability checks make it difficult for many individuals to rehouse following divorce.

Mesher Orders can provide breathing space, allowing children to remain in the family home while the resident parent works towards longer-term financial independence in a more manageable way.

Pros and Cons of Mesher Orders

Pros

• Stability for children: Children can remain in their familiar home environment during and after divorce.
• Financial respite: The resident parent gains time to improve their financial position.
• Market flexibility: Delaying a sale may be beneficial if the property market is unfavourable.

Cons

• Ongoing financial ties: Both parties remain financially linked, which can lead to future disputes.
• Market risk: The property value may fall over time, affecting the eventual proceeds.
• Delayed independence: Both parties may find it harder to move on financially.

Can I Refuse a Mesher Order?

If the court proposes a Mesher Order, it is because it considers the arrangement appropriate based on the facts of the case. However, a party can object and present arguments against it.

Options may include:

• Seeking legal advice from a family law solicitor
• Negotiating an alternative agreement
• Proposing different arrangements, such as selling the property or buying out the other party
• Presenting objections at a court hearing
• Appealing the decision, where valid legal grounds exist

The court’s primary focus will always be the welfare of any children involved and fairness between both parties.

What Are Trigger Events in a Mesher Order?

Trigger events determine when the deferred sale of the property will take place. Common trigger events include:

• The youngest child reaching 18
• The youngest child finishing full-time education
• The resident parent remarrying or cohabiting
• The passage of a specified number of years
• The death of the resident parent

Once a trigger event occurs, the property is sold and the proceeds are divided in accordance with the Mesher Order.

A Shift in Judicial Perspective

There has been a noticeable shift in judicial attitudes towards Mesher Orders. Courts are increasingly limiting the length of these arrangements, encouraging earlier financial independence and finality.

While this reflects the importance of moving on after divorce, it can place additional pressure on the resident parent to achieve financial stability more quickly.

Conclusion

Mesher Orders can provide a practical, temporary solution for divorcing couples who cannot immediately sell the family home, particularly during periods of economic uncertainty.

However, they are not without risk. Ongoing financial ties, market fluctuations, and delayed independence mean that a Mesher Order should always be considered carefully. Taking legal advice early can help you understand whether a Mesher Order is appropriate for your circumstances, or whether an alternative arrangement would better support your long-term financial future.