What is a Mesher Order

Many of our clients at Essex Mediation and London Mediation consider a Mesher order 

Understanding Mesher Orders in Family Mediation
Divorce and separation often bring about difficult financial and emotional decisions,
particularly when it comes to property and housing arrangements. One common legal
arrangement in family law is a Mesher Order, which can play a crucial role in ensuring
stability for children and dependent individuals. In this blog, we explore what Mesher
Orders are, their benefits and drawbacks, and how mediation can help families navigate this
complex issue.
What is a Mesher Order?
A Mesher Order is a court order that postpones the sale of a family home following a
divorce or separation. Instead of selling the property immediately, the order allows one
party (usually the primary caregiver of the children) to continue living in the home until a
specified event occurs. These trigger events may include:
 The youngest child reaching adulthood (typically 18 or finishing full-time education).
 The resident individual remarrying or cohabiting with a new partner.
 A set number of years passing, as agreed upon by both parties or set by the court.
Once the trigger event takes place, the home is sold, and the proceeds are divided according
to the financial settlement.
Benefits of a Mesher Order
For many families, a Mesher Order provides stability and security, particularly for children
who may already be experiencing significant changes. Some key advantages include:
 Continuity for children: Keeping them in a familiar environment, close to their
school, friends, and support networks.
 Time for financial independence: The person remaining in the home may have time
to secure employment, increase earnings, or plan for future housing.
 Avoiding immediate financial pressure: If selling the home straight away would
result in financial hardship, a Mesher Order can provide temporary relief.
Potential Drawbacks of a Mesher Order
While a Mesher Order can be beneficial, it also has some challenges, including:
 Deferred financial uncertainty: The person not residing in the home may have their
financial assets tied up in the property, preventing them from moving forward.
 Maintenance and responsibility: The resident party is responsible for maintaining
the property, which can be costly.
 Future disputes: Issues may arise if the market value of the home changes
significantly or if circumstances alter before the trigger event occurs.
How Mediation Can Help
Family mediation provides a constructive environment where both parties can discuss and
agree on arrangements that suit everyone’s needs. A skilled mediator can help:
 Explore alternative housing solutions that may work better for both individuals.

 Ensure both parties fully understand the financial and legal implications of a Mesher
Order.
 Draft an agreement that is fair and sustainable for both individuals and their
children.
Mediation offers a less adversarial approach than court proceedings and allows families to
retain more control over their financial arrangements.
Participants may want to get independent legal advice and financial advice.
If you're struggling to agree on a Mesher Order, considering one during your divorce,
or exploring your property options after separation, family mediation can help you
find a fair and practical solution.