Dividing matrimonial assets after divorce is difficult at the best of times, but what options are there when there’s not enough money for both parties to rehouse independently Mesher and Martin Orders are legal tools used in divorce and civil partnership dissolution financial settlements to manage home ownership and sales, helping to adjust finances when dividing matrimonial assets.
They each address situations where there isn’t enough money available for both spouses to rehouse themselves by deferring the ‘clean break’ element of a divorce financial settlement and allowing one party to remain in a property whilst the other retains their interest in it.
Because the parties retain their interest in the property even after their marriage has ended, both orders are complex and typically suitable only in specific circumstances.
Here we explain the differences between the two orders and the scenarios in which they may be used.
What is a Mesher Order?
A Mesher Order allows for a delay to the sale of a property for a finite period of time, or until a specified event occurs in relation to the children of the family, enabling one party and children to continue living there.
Importantly, under a Mesher Order, the home remains jointly owned by the former spouses, even after the divorce has been finalised. Each partner has a defined share, and it is possible for both parties to continue to be responsible for mortgage payments, maintenance, and insurance.
Mesher Orders are often used when one partner wants to stay in the family home with the children of the family, but they don’t have the financial means to take over the mortgage alone or rehouse themselves in any other way.
The ‘triggers’ for a sale will often include specified events such as:
- The couple’s youngest child turning 18
- The youngest child completing secondary education
- The resident partner remarries
- The death of the resident partner.
At this point, the order will trigger the sale of the property, and the proceeds will be split between partners according to the agreed shares within the divorce financial settlement.
What is a Martin Order?
A Martin Order similarly allows for a delay to the sale of a property but enables one partner to have the right to live in the property for their lifetime or until they remarry.
Unlike Mesher Orders, a Martin Order is not dependent on the age of children, so these orders are typically used to settle the division of assets of divorcing couples without dependent children.
Martin Orders are appropriate when one partner would be unable to rehouse themselves if the marital home were sold. It must also be established that the other partner has the financial means to meet their housing needs, has other properties that provide sufficient housing or does not need the capital from selling the marital home to support themselves financially.
Rather than being linked to the ages of a couple’s children, the trigger events that can result in the sale of a property involved in a Martin Order include:
- The resident partner re-marries
- The resident partner moves in with a new partner
- The death of the resident partner.
Are they a good idea?
It depends on the circumstances. Mesher and Martin Orders are often a last resort. Instead, where possible, it can be better to sever financial ties between divorcing couples to help avoid future problems when the property is sold.
It’s crucial to get legal advice before making any decisions, as there may be other options available that would achieve a better financial outcome for you.
Unsure how to manage property division in your divorce settlement?
Divorce and Civil Partnership financial settlements can have a long-lasting, material impact on your life. Choosing the right path is complex and varies from couple to couple.
Our specialist family lawyers can help you avoid pitfalls by offering an expert assessment of your divorce finances and the full range of options available, so you can move forward with increased certainty.
More divorce finances resources
Stowe Support – Finances
Divorce and property: what you need to know
What happens to the family home when I get divorced?
