Mesher and Martin Orders Explained

Mesher and Martin Orders in Divorce: What They Are and When They Apply

When couples divorce, deciding what happens to the family home can be complex - specially when one party needs to stay in the property temporarily. In some cases, the court may issue a Mesher or Martin order, which defers the sale of the property until a specific event occurs.

These orders are designed to balance fairness with practical housing needs, particularly where children or financial limitations are involved.

What is a Mesher order?

A Mesher order delays the sale of the family home until a trigger event – typically the youngest child reaching 18 or leaving full-time education, whichever is later. Until then:

• The property will remain in the parties’ joint names; and
• One of the parties (typically the primary caregiver) will remain living in the home with the children.

Once sold, the parties will receive specified portions of the net proceeds.  

Mesher orders are named after the eponymous case Mesher v Mesher [1980] 1 All ER 126. In this case, the parties’ matrimonial home was jointly owned by them. The wife wished to remain in the property with their child, but the problem facing the court was the perceived unfairness of both options before it - transferring it to the wife or ordering its sale. To transfer the home to the wife would leave the husband without his fair share, but ordering its sale would provide the wife with a large sum but not a home (the husband had already bought a new property). Instead, the court ordered the property to be held on trust for the parties, and then sold once their child reached the age of seventeen. The parties would split the mortgage repayments equally and then upon the sale of the property, the net proceeds would be divided equally.  

The benefit of a Mesher order is that it can help provide stability for children in what is often a turbulent or unsettling time. However, Mesher orders have generally fallen out of favour with the courts. In general, the courts have shifted their approach to focus on helping parties regain their financial independence. A Mesher order also contravenes the court’s general approach of ordering a ‘clean break’ between the parties where possible.

What is a Martin order?

Like a Mesher order, a Martin order also defers the sale of the property, but it’s used when there are no dependent children. Instead, the occupying party may stay in the home until:

• They remarry
• They cohabit with a new partner
• They die

In Martin v Martin [1978] Fam 12, the court held that the wife could remain in the matrimonial home for the rest of her life. This was determined on the basis that the husband had no immediate need for a capital sum, and the wife lacked sufficient ability to rehouse herself without the matrimonial home. 

Are These Orders Still Common?

Mesher and Martin orders are less common today. Courts now favour clean break orders that help parties achieve financial independence. However, they may still be used in cases where:

• One party cannot afford to rehouse
• The children’s stability is a priority
• The other party does not need immediate access to capital

Our expert divorce solicitors can help you understand your options and secure a fair outcome regarding your family home. Contact Vardags today for a free initial consultation.

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Frequently Asked Questions

Q: What is a Mesher order in divorce?

A: It’s a court order that delays the sale of the family home until a child reaches adulthood or finishes education.

Q: What is a Martin order?

A: It allows one party to stay in the home indefinitely, often until remarriage or death, when there are no dependent children.

Q: Can I apply for a Mesher or Martin order?

A: Yes, if your circumstances meet the criteria. Courts assess housing needs, financial resources, and fairness.

Q: Do these orders affect property ownership?

A: No. Ownership remains joint, but sale and occupation are deferred under trust arrangements.