Welcome to our Alphabet Information Series. Today’s topic is M for Mesher Order
Welcome to our Alphabet Information Series. Today’s topic is M for Mesher Order.
This is an interesting topic today as we are sure most people have never heard of a Mesher Order. So what is it?
A Mesher Order is a Court Order that directs how the family home will be dealt with after divorce. A Mesher Order allows the sale of the family home to be deferred for a certain length of time or until a specific event takes place; such as when the child/ren leave school. It effectively allows one spouse and the child/ren to remain living in the family home until the date the Courts have decided upon.
One of the advantages of the Mesher Order is that it fulfils the statutory requirement that the Court is to give first consideration to the welfare of any child of the family under 18 years of age. Also, it does not cause any destabilising effect upon the child or the child's carer by forcing a sale of the home at a time that will undoubtedly have been emotionally stressful. The postponement of the sale at a time when the finances of the parties may be significantly stretched has the added benefit of delaying incurring immediate moving costs and other costs associated with the sale of the property.
Should the occupier of the property wish to sell the home and purchase another, provision will need to be made in the Order to allow for this and for the costs of sale to be provided for. The new home will ordinarily be held on the same terms as the previous home. Conditions should be made in the Order instructing how any financial gain or loss should be dealt with. Consideration should also be given to, and provision made for, the occupier to purchase the other spouse's interest in the property and there will need to be provision for the valuation of the property and treatment of the costs of sale.
If you have any queries regarding the above information or would like any further advice remember obtaining accurate legal information from the outset can be vital in the resolution of your matter and can make the process less stressful. Call 01246 555610 to arrange a free, no obligation consultation with one of our experienced solicitors.
By Administrator on 5 Nov 2019, 11:54 AM