Mesher Orders Explained

mesher order house

Contact

Table of Contents

What is a Mesher order?

A Mesher Order allows the sale of the family home to be postponed in a divorce case, either for a fixed length of time or until a trigger event happens. It is typically used where one party wants to stay in the family home with the children but is unable to get a mortgage or make the monthly mortgage payments on their own.

In this situation, a Mesher Order will enable the property to remain in the divorced couple’s joint names until the sale is triggered, and for both parties to remain on the mortgage.

What are trigger events?

Common trigger events might be:

  • The children leave home
  • The children finish their full-time education
  • The youngest child reaches 18
  • The person living in the family home decides to remarry or cohabit with their new partner

What are the advantages of a Mesher order?

Advantages of a Mesher Order can include:

  • One of the main advantages of a Mesher order is that it allows the parent with custody of the children, to remain in the family home. This can provide stability for the children by allowing them to continue living in a familiar environment, maintain relationships with friends and avoid disruptions to their education.
  • Delayed sale of the property – A Mesher order defers the sale of the property until a trigger event occurs. This can be an advantage in a situation when selling the property immediately would result in financial loss or when the property market is unfavourable. Delaying the sale can allow the property to appreciate, potentially benefiting both parties when it is eventually sold.
  • Protect your investment – In cases where one party contributed significantly to the purchase or maintenance of the property, a Mesher order can ensure that their investment is protected. The order can specify the proportion of the property’s value that each party is entitled to when it is eventually sold, taking into account their respective financial contributions.
  • Flexibility and control – Mesher orders can be tailored to the specific needs and circumstances of the parties involved. This flexibility allows the parties to have a degree of control over the timing and terms of the property’s eventual sale.
  • Potential Tax Benefits –  A Mesher order may offer certain tax advantages. For example, in some cases, deferring the sale of the property can result in lower capital gains tax liability for both parties. Principal Private Residence (PPR) is tax relief on Capital Gains Tax whilst the property is in the Trust. Whilst one beneficiary is living in the property, the other beneficiaries can use PPR relief on another property and not be caught by PPR on the Trust property whilst the trust is in existence. This applies whether the property under trust was created by a Mesher Order or otherwise. There is a potential CGT charge on the spouse not occupying the property after termination of the Mesher Order and sale of the property, rather than from the time of creation.

What are the disadvantages of a Mesher Order?

While Mesher Orders can provide stability in the short term, they may not offer the best long-term solution. Disadvantages of Mesher Order include:

  • Keeping you financially tied to your ex for longer than you might like
  • The stability in your living arrangements is only temporary, as the marital home will still have to be sold later on
  • Ties up your capital for a significant number of years, which can make it harder to get a mortgage on another property
  • Capital gains tax liabilities for the non-occupying partner if they have bought another home as their primary residence

Are there any alternatives to a Mesher Order?

When it comes to the family home, a Mesher Order is just one of many options. Alternatives include:

  • Selling the family home and splitting the money
  • One partner buying the other out
  • Transferring some of the ownership to one partner; the departing spouse would then own a smaller share but would get some of their equity out of the property straight away

It is always a good idea to seek professional advice from an expert family solicitor who can talk you through the options and establish the best way forward for you.

How do you get a Mesher Order?

If you and your partner agree on a Mesher Order, your solicitor will draft the Order into the financial settlement agreement. The agreement will then go to the Judge for approval.

If you and your partner cannot agree, then one of you would need to make an application to the court for a Financial Order, which could include a request for a Mesher Order. The judge will review all the financial documents and make an order regarding the finances at the end of the court proceedings.

For a free confidential discussion with a divorce lawyer, call 0207 485 8811 or complete an online enquiry form.

Speak to us about a Mesher Order

Email us Send us an email and we’ll get back to you

    • [utm_campaign_i][/utm_campaign_i]
      [utm_source_i][/utm_source_i]
      [utm_medium_i][/utm_medium_i]
      [utm_term_i][/utm_term_i]
      [utm_content_i][/utm_content_i]
      [gclid_i][/gclid_i]

    Insights about Divorce & SeparationVIEW ALL

    1. two people walking
      22.3.2023

      Does it matter if you’re a breadwinner...

      When it comes to deciding how wealth is split, English courts do not discriminate based on your role within the...

      Read more
    2. couple holding hands
      16.3.2023

      Are trusts protected from divorce?

      Can trusts protect an inheritance from your spouse? A trust is a separate legal entity. Neither spouse owns its assets. ...

      Read more
    3. cube cafe camden
      16.3.2023

      Is a limited company protected from divorce?

      Is my spouse entitled to half of my business? If you are involved in running a limited company, then it...

      Read more
    4. man looking out
      16.3.2023

      How is a pension split in a divorce?

      Pensions and Divorce In a divorce, pensions are taken into account together with all other financial assets. Once all assets...

      Read more
    5. Camden house red door
      16.3.2023

      Who gets the house in a divorce?

      How is a house divided in a UK divorce? For most people contemplating divorce, one of the main concerns will...

      Read more
    6. Family divorce and division of propert
      6.10.2022

      How to set aside an order in financial...

      My ex-spouse didn’t tell the truth about their finances when we divorced, can anything be done? Can the financial...

      Read more
    7. pension pot
      30.8.2022

      Pension sharing on divorce

      What is the new procedure for pension sharing? Pensions are one of the biggest assets of a marriage, yet many...

      Read more
    8. woman hand open empty purse
      6.5.2022

      My ex has cut me off during divorce

      Can my spouse cut me off financially? Unfortunately, it is far too common that when a client says it’s...

      Read more
    9. Close up of african american man with calculator
      6.5.2022

      Divorce Loans

      How the Court views loans from parents during divorce A frequent issue in financial divorce cases is a loan from...

      Read more
    10. husband signing decree of divorce
      11.4.2022

      Private Financial Dispute Resolution (FDR) for Divorce

      Private FDR helps divorcing couples reach a financial settlement Our specialist divorce lawyers are keen to ensure our divorcing clients...

      Read more
    11. 9.12.2021

      Negotiating financial settlements in divorce

      Costly and acrimonious divorces: a lesson in what not to do  If you’re determined to pursue your financial claims...

      Read more
    12. squirrel hiding assets
      16.11.2021

      Uncovering hidden assets in your divorce

      Hiding Assets During a Divorce As part of your divorce, you and your ex will have to agree on how...

      Read more
    13. 9.11.2021

      Case Law Divorce Settlement

      6 cases that shape your divorce settlement Part of what makes our divorce lawyers experts in their field is knowing what...

      Read more
    14. separate paths in the snow
      10.9.2021

      Does Divorce Revoke A Will?

      Divorce and Wills In the midst of a divorce or separation, it’s rare for couples to think about making...

      Read more
    15. court of appeal
      10.8.2021

      Beneficial Interest in Property

      Andrew Watson, a London-based divorce lawyer in our family department and Resolution accredited cohabitation lawyer, summarises the law in relation...

      Read more
    16. 27.4.2021

      Divorce in your 60s – The Financial Implications

      How common is a divorce in your 60s? The latest divorce figures from the Office of National Statistics (ONS) show...

      Read more
    17. 18.2.2021

      Tax and Divorce

      Tax implications for divorcing couples As the end of the Stamp Duty holiday looms on 31 March 2021, that is not the...

      Read more
    18. father with child
      6.4.2020

      Setting aside a financial remedy order

      What has been the impact of the coronavirus pandemic on financial remedy orders? Can you do it at all? Barder...

      Read more
    19. man and women at a table
      4.9.2019

      Calderbank Offers

      The Resurrection of Calderbank Offers When a couple divorces, they are encouraged by the Courts to consider other dispute resolution...

      Read more
    20. divorced man with empty wallet
      13.8.2019

      Bankruptcy and Divorce

      Will my spouse declaring bankruptcy affect my divorce settlement? The case of Hayes v Hayes (2012) EWHC (Ch) (Chancery Division (23.03.12) (unreported...

      Read more
    21. 25.3.2019

      Self-Help in Financial Remedy Proceedings

      One of the first things we explain to clients who are getting divorced is that, when it comes to financial...

      Read more
    22. 25.3.2019

      Effect of Delay on Financial Relief Claims: Vince...

      Wyatt v Vince This unusual case demonstrates the risks of failing to bring a financial claim on divorce promptly, or,...

      Read more
    23. 17.7.2018

      Supreme Court Hands Down Judgement in Mills v...

      The Supreme Court today handed down judgement in the case of Mills v Mills, setting aside the order made by...

      Read more

    VIEW ALL

    • Lisa Pepper is particularly recognised for her role as a mediator in complex cross-border disputes. Her practice also includes handling prenuptial agreements and issues arising from divorces. She is additionally skilled in Schedule 1 and other child arrangement matters.

      Chambers UK 2023

    • Mark Freedman frequently takes on high-value financial and children proceedings that involve complex tax, trust and accounting issues.

      Chambers UK 2023

    • "Andrew Watson is respected and tenacious in matrimonial finance. You would want him on your team."

      Legal 500 2023

    • "David Leadercrammer is such an experienced wonderful lawyer who you would want on the other side of your case. He’s sensible, pragmatic and hugely experienced in money and children cases."

      Legal 500 2023

    • Andrew secured me the best financial settlement for my claim. He is a credit to Osbornes Solicitors.

      Family Department Client

    • "Lisa Pepper was recommended to me as non-nonsense and able to help me with a difficult and confrontational divorce. She more than lived up to that – she was practical, collected and always available with a clear opinion and suggestions of how to move forwards. She also was open and helpful about costs and how to mitigate them"

      Legal 500 2021

    • "Mark Freedman is a very capable lawyer, renowned for not being a pushover and pushing his clients’ cases as much as he can, but will always talk sensibly about settlement. He is among the best – tenacious, good judgment and tactically aware."

      Legal 500 2021

    • "Mark Freedman is a dynamic and highly experienced family lawyer who fights extremely hard for his clients and is always in their corner, thus ensuring their loyalty and confidence. In a trial you would always want him on your side."

      Legal 500 2021

    • "She has impressed me as someone who fights my corner but also understands the importance of resolving issues without unnecessary escalation. She is calm and reassuring."

    • "Her mediation practice is exceptional; she is also a great solicitor and has a breadth of skill which is really useful."

      Chambers UK 2021

    • "He is really experienced and wise. He has a lovely manner about him and clients feel safe with him."

      Chambers UK

    • "Jo Wescott is top notch and widely recognised as a rising star throughout the profession. She brings a winning combination of great judgement, an immense work ethic, and a relaxed and charming way with opponents and clients alike. Someone you want on your side”

      Legal 500 2021

    • "Osbornes is pre-eminent for family law in North London. Mark Freedman is a real rainmaker. He is an excellent lawyer and has a top-notch practice"

      Legal 500 2020 - Mark Freedman

    • Mark Freedman is intelligent and personable and has a good selection of high-net work cases.

      Legal 500 2020 - Mark Freedman

    • "Exceptional value for money. Highly competent and reasonably priced. Mark Freedman: one of the best in the field."

      Legal 500 2020 - Mark Freedman

    • "Client-focused. Ready to fight the clients’ corner, but also ready where possible to steer client from unnecessary dispute. Mark Freedman – very experienced, with good instinct for the eventual result. Clients love him and he thinks ahead and directs the client to the best result for the client."

      Legal 500 2020 - Mark Freedman

    • Mark Freedman is a serious player. A fearless family law litigator, who protects his clients’ interests passionately.

      Legal 500 2020 - Mark Freedman

    • Breadth of knowledge and willingness to go the extra mile is what makes it stand out. Mark Freedman – devoted to his clients

      Legal 500 2020 - Mark Freedman

    • Mark Freedman frequently takes on high-value financial and children proceedings that involve complex tax, trust and accounting issues. Sources praise the "tenacity and common sense" he brings to challenging disputes.

      Chambers UK

    • "Mark is very experienced, competent, good with clients and takes a sensible approach to cases. He knows exactly what he's doing."

      Chambers & Partners Directory 2020, Mark Freedman

    • "An exceptional outfit. They take on difficult cases, fight hard and win."

      Chambers UK

    • "The team frequently deals with cross-border estates for high–net-worth individuals."

      The Legal 500

    • "Mark Freedman is a real heavyweight litigator who has dealt with some very significant cases."

      The Legal 500

    • "Mark Freedman boxes clever, keeps his powder dry and when it comes to the end game he negotiates a really good deal."

      The Legal 500

    • "Mark Freedman has a specific focus on high-net-worth divorces and finance cases where there are overseas assets and trusts."

      The Legal 500

    • "Lisa Pepper somehow manages to get parties to settle on matters where there isn’t much hope to start out with."

      The Legal 500

    • "Well-regarded family practice assisting clients with substantial matrimonial disputes and sensitive children proceedings."

      Chambers UK

    • "Mark Freedman draws acclaim for his work in high net worth divorce cases, including those involving company structures, family trusts and overseas assets."

      Chambers UK 2019

    • "He never gives up. He fights for you to the end and has boundless energy."

      Chambers UK

    • Mark Freedman advises high-net-worth clients and knows his stuff.

      Legal 500

    • Highly regarded for his experience as a litigation and mediation expertise, Mark Freedman is tenacious and determined. Clients really feel that he is fighting their corner.

      Chambers UK

    • Andrew handled a very complex, 3 year legal battle for me, with a tremendous amount of patience and professionalism. He is very approachable, always kept me up to date, by phone and e-mail, and responded very quickly to my queries with excellent advice, sound strategic thinking and strong letters to put the other side under pressure. With top contacts for barristers, joint experts and mediation.

      Family Department Client

    • [The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.

      Chambers UK

    • Mark Freedman represents high net worth clients in complex financial disputes. Sources say that "he's a determined negotiator who'll always do the very best for his clients.

      Chambers UK

    • "Mark Freedman receives a lot of instructions from clients based abroad, often relating to complex divorce proceedings. Sources say: “His main strengths are his enthusiastic passion for the job in hand and his total dedication to his clients.”

      Chambers UK