What is the difference between a Mesher and Martin order?

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Unsure what kind of property order will work best for your divorce?

Between Mesher orders and Martin orders, it can be difficult to determine the right route forward for your personal circumstances.

Luckily, Freeman Jones’ experienced team of divorce solicitors are on hand to help dispel any confusion and point you in the right direction.

What is the alternative to a Mesher order?

The most common alternative to a Mesher order is a Martin order.

Both are issued by a court and relate to the division of a separating civil partnership or divorcing couple’s marital home.

Simply carry on reading to learn more about the Martin order in family law and the circumstances in which it can be used.

What is a Martin order?

A type of property settlement order based on guidance set out in section 24(1)(b) of the Matrimonial Causes Act 1973, a Martin order allows one party of a separating or divorcing couple to occupy the marital home either for life or until remarriage.

These orders are typically granted when a court determines that one party of the divorcing couple has the means to support themselves without having access to the capital that would be released with the sale of the marital home.

It must also be proven that the other party would not be able to rehouse themselves if the marital home was sold.

Mesher vs Martin order

In contrast to a Martin order, a Mesher order (also referred to as an ‘order for deferred sale’) prevents the forced sale of the marital home for a certain period or until a trigger event.

Such trigger events typically include children in the family home either turning 18, leaving full-time education, or leaving home.

A Mesher order is therefore similar to a Martin order in that they are both property settlement orders.

However, the trigger for the sale of the property under a Martin order in divorce is not dependent upon children of the marriage, so these orders are often used to help settle the division of assets for married couples or civil partnerships with no dependent children.

Get in touch with Freeman Jones Legal

For expert advice regarding Mesher orders and Martin orders in family law, look no further than Freeman Jones Legal.

Our experienced team of divorce solicitors can help you to reach a fair financial settlement using mediation, skilled negotiation, dispute resolution, and even court proceedings, if required.

Instead of overloading you with legal jargon, we aim to make this potentially stressful and emotional time as straightforward as possible with affordable prices and unparalleled customer service.

As a result, we’re now one of the leading law firms in Chester, but we also have offices located further afield in Wrexham, Liverpool, Warrington and North Wales.

To speak directly with a knowledgeable member of our team, please don’t hesitate to give us a call on 01244 506 444. Alternatively, we also welcome enquiries submitted via email to info@fjsolicitors.co.uk or sent in using our convenient online contact form.

Once we’ve received your contact details, you can rest assured we’ll be in touch soon to schedule your free, 30-minute consultation with one of our expert divorce solicitors.

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Author Colin Freeman View Profile
Colin qualified as a solicitor in 1998. He specialises predominantly in family law, litigation / dispute resolution, wills, probate and settlement agreements and has notable cases reported in the Court of Appeal and High Court.
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