Mesher Orders and Martin Orders

When a marriage ends and the family home is involved, deciding what happens to the property is often one of the most difficult and consequential decisions you will face.

Where children are involved, or where one party has no immediate means of rehousing, an immediate sale is not always the right answer. Mesher orders and Martin orders offer a legally recognised way to postpone the sale of the family home, protecting stability for children and giving both parties time to plan their financial futures.

At Glanvilles Damant, our experienced family law solicitors advise clients across the Isle of Wight on property orders in divorce, including Mesher orders and Martin orders. We provide clear, practical advice to help you understand your options and work towards a fair financial order that reflects your circumstances.

Our expert team can provide comprehensive support with Mesher orders and Martin orders, including:

• Advising on whether a Mesher or Martin order is appropriate for your circumstances
• Drafting and negotiating the terms of a postponed sale order
• Advising on trigger events and mortgage responsibilities
• Reviewing proposed orders from your former spouse
• Advising on alternatives to deferred sale arrangements
• Representing your interests in court proceedings if required

As part of our wider divorce and family law services, we provide strategic and practical advice tailored to your specific circumstances and needs.

Get in touch with our family law solicitors

If you need advice on Mesher orders or Martin orders on the Isle of Wight, our team is on hand to provide the support and expertise you need.

Call us on 01983 527878, email hello@gdlegalservices.co.uk, or contact our Newport office directly and we will get back to you promptly.

What Is a Mesher Order?

A Mesher order is a court order that postpones the sale of the family home until a specified trigger event occurs. It allows one party, typically the parent with primary care of the children, to remain in the property in the meantime while the other party retains their beneficial interest in it. Both parties effectively remain joint owners until the trigger event brings the arrangement to an end and the property is sold or transferred.

So what is a Mesher order in practice? The order takes its name from the 1980 case of Mesher v Mesher, in which this approach was established as a way of balancing the need for housing stability for children against the financial interests of both spouses. Mesher orders in divorce are most commonly made where there are dependent children and an immediate sale would cause significant disruption to their lives. As a form of financial order, a Mesher order must be approved by the court to be legally binding.

What Is a Martin Order?

A Martin order serves a similar purpose but applies in different circumstances. Where there are no dependent children, a Martin order may be made to allow one spouse to remain in the family home until a specified event, such as remarriage, cohabitation with a new partner, or death, rather than forcing an immediate sale that would leave one party without adequate housing.

The order takes its name from the 1978 case of Harvey v Harvey, commonly referred to as Martin v Martin. It is less frequently made than a Mesher order but remains a useful tool where one party has a pressing housing need and no dependent children are involved.

Our Mesher Order and Martin Order Services

Advising on whether a deferred sale order Is appropriate

We assess your circumstances carefully and advise on whether a Mesher or Martin order is likely to be in your interests, taking into account your housing needs, the interests of any children, and the financial position of both parties. We can also advise on how likely a Mesher order is to be granted in your specific situation, given the factors the court will consider.

Drafting and negotiating the terms

The terms of a Mesher agreement matter enormously. We help you negotiate a fair arrangement covering the trigger events, mortgage responsibilities, maintenance obligations and each party's share of the eventual sale proceeds, and ensure those terms are clearly set out in a legally binding financial order.

Advising on trigger events and mortgage responsibilities

We advise on how trigger events should be defined to avoid future ambiguity and on how mortgage payments and property outgoings should be allocated between the parties during the deferral period.

Advising on alternatives

Where a Mesher or Martin order may not be the right solution, we advise on the full range of alternatives to resolve property disputes in divorce, including outright sale, buyout, or offsetting the property value against other assets such as pensions.

Alternatives to Mesher Orders and Martin Orders

Where a deferred sale arrangement is not appropriate, alternatives include an immediate sale with proceeds divided between the parties, one party buying the other out through savings or remortgaging, offsetting one party's share against other assets such as pension entitlements, or a transfer of property order.

Courts generally favour a clean financial break where this is achievable, and a solicitor can advise on which approach best suits your circumstances.

Frequently Asked Questions About Mesher Orders and Martin Orders

What is a Mesher order in divorce?

A Mesher order is a financial order that postpones the sale of the family home until a trigger event occurs, typically linked to the youngest child reaching adulthood or completing full-time education. Both parties retain a share of the property until the order comes to an end.

What is the difference between a Mesher order and a Martin order?

A Mesher order centres on the welfare of dependent children and typically ends when the youngest child reaches 18 or completes full-time education. A Martin order focuses on the housing need of the occupying spouse and typically ends on remarriage, cohabitation, or death. Both preserve each party's financial interest in the family home until the relevant trigger event occurs.

What are the trigger events for a Mesher or Martin order?

Trigger events are agreed as part of the order and must be clearly defined. Common examples include the youngest child turning 18 or completing full-time education, the occupying party remarrying or cohabiting with a new partner, the death of the occupying party, or a specific agreed date. In some cases the order ends on whichever trigger event occurs first.

Who pays the mortgage with a Mesher order?

There is no fixed rule on who pays the mortgage with a Mesher order. Responsibility is agreed as part of the order terms and reflects the circumstances of the case. In most cases the occupying party meets the mortgage payments, but contributions can be structured to reflect each party's share of the property or their respective financial positions. Getting this right from the outset is essential to avoid disputes later.

Can I refuse a Mesher order?

It is possible to object, but the court has wide discretion when deciding how the family home should be dealt with as part of a financial settlement. The court will consider all relevant factors under Section 25 of the Matrimonial Causes Act 1973, including the welfare of any children, the financial needs of both parties, and the available housing options, weighing any objection against all other circumstances before reaching a decision.

How likely is a Mesher order to be granted?

The court will only make a Mesher order where the circumstances genuinely justify one. Relevant factors include the ages of any children, the housing needs of both parties, the value of the property, and whether a clean break is achievable. A solicitor can assess your specific situation and advise on the likelihood of such an order being made.

Can unmarried couples get a Mesher order?

A Mesher order for unmarried couples is not available through divorce proceedings. If you are not married, a Mesher order does not apply to your situation. Unmarried couples in dispute over jointly owned property would instead need to pursue a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). If you are concerned about property disputes in divorce or separation as an unmarried couple, we can advise on the options available to you.

Does a Mesher order affect universal credit?

A Mesher order can have implications for universal credit and other means-tested benefits, as the occupying party's interest in the property may be taken into account. The position depends on individual circumstances and it is important to take advice on the potential benefit implications before agreeing to the terms of any order.

What are the alternatives to a Mesher or Martin order?

Where a deferred sale arrangement is not appropriate, the main alternatives are an immediate sale with the proceeds divided between the parties, one party buying the other out using savings or remortgaging, offsetting one party's share against other assets such as pension entitlements, or a transfer of property order. Courts generally favour a clean financial break where this is achievable.

How long does a Mesher order last?

It lasts until a specified trigger event occurs, such as the youngest child finishing full-time education. The duration depends on the specific terms agreed or ordered by the court and can vary considerably from case to case.

Are Mesher orders a good idea?

They can provide genuine stability, particularly for children, but they also create ongoing financial ties between former spouses. Whether one is appropriate depends entirely on your individual circumstances, and tailored legal advice is strongly recommended before agreeing to or contesting such an arrangement.

Get in touch with our family law solicitors

If you need advice on Mesher orders, Martin orders or any aspect of your financial settlement on the Isle of Wight, our team is on hand to provide the support and expertise you need.

Call us on 01983 527878, email hello@gdlegalservices.co.uk, or contact our Newport office directly and we will get back to you promptly.