What is a Mesher Order in divorce?

Mesher Orders: Options for sorting out the family home

If you own your home, one of the biggest worries in a divorce is often what’s going to happen to it and where you’re all going to live… especially if you have children. As parents, it’s natural to want to keep things as stable as possible for your children and allow them to carry on doing the things they always have and living in their home.

Many parents don’t want to move their children out of the family home. But your home is also likely to be your largest asset, so you need to find a way of dividing it fairly. A Mesher Order might be the answer.

A Mesher Order forms part of your consent (financial) order and allows you to postpone the sale of the family home until your children have completed their secondary education (sometimes extended to cover their university education).

Crucially, it sorts out what will happen to the proceeds of sale when the property is eventually sold and allows one parent to remain living in the property with the children (without the other parent having rights of entry).

The property remains in joint names throughout and usually, you have a clause setting out who is responsible for running costs, and how structural repairs will be dealt with.

Mesher Orders aren’t necessarily the best option, however. They are usually only used if other options such as selling the home and re-purchasing are not possible. For example, perhaps, there is not enough equity in your property to sell it and buy two separate homes (usually the case). Or not enough equity to fund deposits for new homes either, even if you are mortgageable.

The court prefers to have things sorted out at the time of the divorce if achievable, and Mesher Orders have been criticised for storing up future problems, such as what happens if you still cannot house yourself and adult children in years to come. Use our handy table below to see if a Mesher is right for you and your circumstances or whether other options might be preferable.

Mesher Orders the pros and cons:

Pros:

• Allows children to stay in the family home (at least part of the time).
• Houses a financially weaker spouse or both if they are not in a financially viable position.
• Can lead to a fairer (nearer 50/50) split of what is usually the largest asset, the family home which gives financially weaker person time to improve their prospects.
• Reduces costs at the time of divorce (no selling/new purchase costs for one spouse).

Cons:

• Leaves one spouse on a mortgage for a property they do not live in and thus reduces their borrowing capacity to house themselves (not an issue if re-purchase is not on the cards).
• Can become emotionally complicated if new partners are on the scene.
• Can store up problems for later, such as what if there is not enough money to re-purchase when the Mesher ends?
• Putting off the inevitable? Sometimes best to face reality, sell and move on.

If you need help looking at options for what to do with the family home, or guidance on whether a Mesher Order will work in your circumstances, you can book a free 15-minute call with one of our experts below:

FAQs

How common are Mesher Orders?

Mesher orders are less common now primarily due to the fact that it’s harder to get a mortgage later in life than it was in the 80s and 90s. Many also believe that Mesher Orders simply prolong the process of moving out of the family home and dividing it.

How much does a Mesher Order cost?

As a Mesher Order is included in a financial consent order, the base cost to apply to the court is £58. If you get this drafted for you it will cost more however is exponentially more likely to get approved by the courts. It is very likely that your financial agreements will be rejected if you attempt to draft them yourself.

Can I refuse a Mesher Order?

Yes, you can't agree to the terms of a Mesher Order. It is less expensive if you negotiate through a service like amicable and have a specialist to help you draft an arrangement that both of you agree to and one that will be approved by the courts. You can book a free 15-minute call to speak with one of our specialists here.