Mesher Orders

[jon1234]

He wasn't doing you a favour and that judge was a complete idiot to say so. Mesher Orders ought to be banned, they might have worked in the old days when house prices were about 3 times salary, the resident parent could afford the mortgage and the non-resident could still buy somewhere else but they do not work now.

I'm still going through divorce and made it clear to my wife that I will not agree to a Mesher Order by consent and I will spend a lot on solicitors and barristers to fight it so there won't be any equity left if it comes to final hearing. Even if she wins, I'm leaving the country and going somewhere where wages are lower to fuck her over because without decent amounts of CM she cannot afford to pay the mortgage. Her odds of getting one are poor anyway; a study by the University of Bristol found that in 400 divorces there were 3 Mesher Orders and 4 deferred charges and even these might have been by consent (the study didn't differentiate). The judges interviewed almost unanimously agreed that they didn't like them.

Overwhelmingly, the way divorces end are that the house gets transferred to one party who may well have to take out as big a mortgage as they can possibly afford in order to give the other some of the equity (unless there is a big pension to offset). Normally the resident parent gets 1-2 years to release the other from the mortgage or the house is ordered to be sold.

hi unknown, are you a solicitor? you sound like you have a lot of experience in these matters.

 

[Unknown01]

hi unknown, are you a solicitor? you sound like you have a lot of experience in these matters.

Trainee solicitor who has read pretty much all the relevant cases!

My area of practice that I will qualify into is not family law though (I could never do family law because I could not bring myself to represent the "baddies" in divorce, and for a divorce to end up in court there is almost always a "baddy" so it's 50/50 at best when it comes to clients!!)

 

[Needsmust]

In the unlikely event the other side hasn't given up on a Mesher Order after the FDR, quit your job. A Mesher Order is utterly useless if the occupant cannot afford the mortgage without money from you and you aren't working.

What if she doesn't need a thing from you because, she has other plans?
Like, in my case she had the new chap lined up ready to sleep in my bed...I kid you not!!

Completely lied to judge, sols, barrister, stating she was a single woman, claimed DV, abuse etc.... Poor defenceless mum, fearing for her life etc...etc...SRO order by court, she changed locks on house.... I'm out... New chap in.... 15 years later it's a cluster f**k of a situation!!

 

[Unknown01]

Mesher Orders used to be written in a clumsy way. In this day and age they would always have a termination clause in the event that the resident parent cohabited.

 

[Nujra Rof]

Mesher Orders used to be written in a clumsy way. In this day and age they would always have a termination clause in the event that the resident parent cohabited.

That is crazy that in the past they could shack up with someone else whilst you pick up the tab

 

[Unknown01]

That is crazy that in the past they could shack up with someone else whilst you pick up the tab

Well normally they would have a "liberty to apply" clause where you could at least stop paying the mortgage but if the ex found themselves a cocklodger who didn't earn much then yeah, the non-resident could end up paying for someone else's housing. It was also not that unusual for a payer of spousal maintenance to have to keep paying because the recipient was unable to work because she'd had more kids with another man. Things have moved on a bit from that all too literal interpretation of the law fortunately.