Mesher and Martin Orders where used more back in the 1980’s and 1990’s. These orders fell out of fashion because they were fraught with difficulties.
What is the difference between a Mesher and Martin order? The main difference between a Mesher and Martin order is whether or not there are children involved under the age of 18 in a divorce. Both a Mesher and Martin order allow the sale of the family home to be postponed for a specific period of time, which allows one party to carry on living in the matrimonial home.
It was only when the orders got triggered that these difficulties surfaced. The problems usually arose when it was time to sell the matrimonial home.
Where are Mesher and Martin Orders used and what is the difference between them?
What is a Mesher order?
A Mesher Order is a Court Order that involves a divorce with children. The Mesher Order governs how the family home will be dealt with after the divorce. The principles applied in a Mesher Order originates from case law. This was created back in 1980 where the case held involved a person named ‘Mesher‘.
A Mesher Order is designed to protect the children of a marriage. They allow a delayed sale of the family home. The delayed sale is normally until such time as when the kids leave school. Or until the children leave full-time education.
Other things that will trigger a Mesher Order include a remarriage of the person who is living in the property. Cohabiting for a defined period set by the court can trigger the Mesher Order.
What is a Martin Order?
A Martin Order is similar to the above Mesher Order. But a Mesher order is used in a divorce without children.
The divorce court can make a similar order. An order which allows one of the parties to the marriage to remain in the marital home. The effect of this is to postpone the sale of the house.
In a similar way to a Mesher Order, a Martin Order comes from case president. The name Martin is from a case in 1978. In the Martin case, the Court of Appeal held that the wife could remain living in the property for the rest of her life.
Courts will award this type of order in situations where the other party to the divorce has no immediate use of the capital sums involved. But more importantly, where the partner who is granted the Martin Order doesn’t have sufficient equity in the house to be able to re-house themselves.
What is the difference between a Mesher and Martin order?
The main difference between a Mesher and Martin order is whether or not there are children involved with the divorce. The orders are similar and the judge has similar powers. But the reasons behind each type of order are different.
Alternatives to Mesher Order
Perhaps you would be better off negotiating for all the equity in the property. This will enable you to finance another home for your family sooner rather than later?
Would you be better off holding out for a Transfer of Property Order. This would give you all the equity in the house?
Mesher Orders are one of many options available to you in a divorce. But these orders aren’t used as much these days in any case.
The alternatives to a Mesher Order would be to begin looking at all of the options that may be better suited to your circumstances. You should always discuss these with your solicitor in the first place.
But always bear in mind you don’t want to fight for fighting’s sake. The only ones who wins in these situations is the solicitors. Don’t spend all of your home’s equity on legal fees
Other orders that are available to a judge include; transfer of property orders; child or spousal maintenance orders and lump sum orders.
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