When selling the marital home and moving out isn’t realistic, a Mesher Order could offer space to breathe.
The family home often feels like the last bit of stability when a relationship ends in divorce, especially for children. If selling the house now feels like too much or too soon, you might wonder: What are our other options?
That’s where a Mesher Order comes in.
It’s a financial order that lets one party, usually the primary caregiver, stay in the home for a while. The sale is put off until something specific happens, like your youngest child turning 18 or finishing their education.
Read on to hear how Mesher Orders work, who they are for, and what they mean for your family, home, and future.
A Mesher Order is a legal arrangement issued by the family court that postpones the sale of the family home after divorce. It’s typically used when selling immediately would cause disruption, particularly for children.
Rather than forcing a sale, it allows one partner to stay in the home (usually with the children) while the other retains a share in the property’s value.
The sale is triggered by a future event, often:
It’s worth noting that Mesher Orders apply only to married couples or civil partners as part of their financial settlement. They’re granted under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). The court’s powers in financial remedy proceedings are governed by the Matrimonial Causes Act 1973.
If you’re separating from a partner but aren’t married, other legal options might be better. Contact Sousa Law on 02380 713060, and we’ll help you determine your options.
Mesher Orders are most common when it’s simply not possible – financially or emotionally – to sell the family home immediately.
The court may consider a Mesher Order if:
In this way, a Mesher Order offers a short-term bridge, not a long-term fix. It creates space to stabilise routines and finances while keeping the children’s welfare at the centre.
However, you’ll still need to work out how the mortgage and property costs are handled. Sometimes, the resident parent covers the mortgage. Other times, support is agreed upon through spousal maintenance or a shared payment plan.
At Sousa Law, we’re here to help clarify responsibilities collaboratively. This way, you avoid disputes and ensure both parties know what to expect.
A Mesher Order doesn’t end the financial connection between you and your former partner; it adjusts it. The property remains in joint ownership, and both names typically stay on the mortgage unless agreed otherwise.
This means that even if you’ve moved out, your name (and your responsibility) may still be tied to the home. For many, that’s a temporary compromise to support the children, but it does have implications.
Who pays the mortgage? It varies:
It’s imperative that you clarify who’s responsible for what, not just the mortgage but also household bills, maintenance, and insurance. Our team of solicitors and legal assistants will ensure that these terms are clearly set out in your Consent Order to avoid confusion later on.
You can read more about mortgage issues and financial separation in our financial settlements guide.
Mesher Orders can offer real relief, but they’re not without challenges. Here’s what to weigh up:
The non-resident party should also consider the capital gains tax if they buy another property during the Mesher period. According to GOV.UK, Principal Private Residence relief may not apply if the home is no longer your principal residence.
If you want a complete financial split, we’ll help you find other settlement options for lasting independence.
A Martin Order is similar, but it extends the right to stay in the home even further. Instead of tying the sale to children’s milestones, a Martin Order allows one partner to remain in the home until they remarry, cohabit, or pass away.
These are usually used when there are no dependent children and the other party doesn’t need to access their share of the equity immediately. Martin Orders are less common and typically reserved for particular situations.
At Sousa Law, we’ll help you figure out if a Mesher, Martin, or clean break agreement is right for you. Our goal is to ensure clarity, fairness, and a bright future.
If you and your ex-partner decide a Mesher Order is the right option, your solicitor will write up the terms in a Consent Order. The court will then review and approve it. Once approved, it becomes a legally binding part of your financial settlement.
But even if you can’t agree, a Mesher Order may still be possible. In this case, your solicitor can help you apply for a Financial Order through the court. Here, a judge will decide based on your family’s circumstances, especially the needs of any children. The process involves financial disclosure, discussions, and potentially a hearing. You can find more on this via GOV.UK.
Whether you’re applying by collaborative practice or seeking court intervention, one thing is clear: the right legal advice matters. A Mesher Order isn’t a one-size-fits-all solution. At Sousa Law, we’ll guide you on how this impacts your mortgage, future housing plans, and your children’s well-being. We can also discuss if a different option may be better for you.
Book your free 15-minute consultation today and experience clarity, care, and expert advice that puts your family first.
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