What Is a Mesher Order in Divorce?

What Is a Mesher Order? 

A Mesher Order (also called a “deferred sale order”) is a court order that delays the sale of the family home after divorce or separation. Instead of selling the property immediately, the home is retained until a later date—often until the children are grown or have left home. 

This allows children to have a stable home while still ensuring that both parents eventually get their fair share of the property’s value. 

How Does a Mesher Order Work? 

1. Agreement or court order – Both parties agree, or the court decides how the property will be handled. 
2. Deferred sale – The parent living in the home keeps it for an agreed period. 
3. Division of proceeds – When the home is eventually sold, the proceeds are split according to the court’s order or the original agreement. 
4. Mortgage responsibilities – The parent living in the home usually continues to pay the mortgage and upkeep costs during the deferred period. 

When Is a Mesher Order Used? 

A Mesher Order is usually considered when: 

• Children need a stable home, and this cannot be achieved if the family home is sold. 
• Selling the property immediately would disrupt the children’s schooling or routine. 
• It ensures fairness while prioritising the children’s welfare. 

Key Points to Remember 

• The order can be time-limited or set for a specific event (e.g., children reaching 18). 
• The court considers financial needs, mortgage responsibilities, and fairness to both parties. 
• Legal advice is essential to ensure the order is drafted correctly and protects your interests.