In essence, a Mesher Order states how the family home will be dealt with after divorce. For example, a Mesher Order will allow the sale of the family home to be deferred for a certain length of time or until a specific event occurs. Eventually, the family home will be sold, and the sale proceeds will be split between the parties.
Similarly, a Martin Order states how the family home will be dealt with after divorce. For example, a Martin Order will allow the sale of the family home to be deferred for a certain length of time or until a specific event occurs. Contrastingly, the family home may not have to be sold during an owner’s lifetime.
There are several events that can be attached to a Mesher Order or Martin Order that could trigger sale, for example:
Mesher Order:
Martin Order:
In conclusion, a Mesher Order is a viable remedy if you intend to stay in the family home with your children, but do not have the financial means to take over the mortgage that is attached to the property. However, it may not be appropriate as the person living in the property will eventually have to leave and the person not living in the property will be unable to recognise their interest for many years.
A Martin Order is a viable remedy if you wish to stay in the family home for the remainder of your lifetime, you do not have any children or the children you do have are over the age of eighteen. However, it may not be appropriate as the person living in the property may feel obliged to stay there, and the person not living in the property will be unable to recognise their interest for many years.
The Mesher and Martin Orders are not particularly favoured by the Court because the parties remain financially dependent on one another, effectively making a clean-break impossible. However, there are circumstances where they are required. The optimal solution is to negotiate the sale / retention of the property via mediation.
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