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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Mesher Order - do judges still award them if agreed

7 replies

Itsallchange · 04/08/2019 13:08

Currently going through Divorce and now at stage of submitting Consent order. At the beginning I looked into moving out and selling house but it didn’t seem viable, after speaking with my solicitor she worked through every option and suggested a mesher order as being the only option at this stage with a view to buying him out in a couple of years if possible. For context 4 DC 15,11,7,7
STBXH has agreed this and has moved out into a property with a relative. I’m concerned by comments I’ve seen on MN that judges don’t like a mesher order and I’m worried would they decline it if it’s agreed by both parties?
I can afford to keep the property just not able to get a mortgage on my own. Do I also have to let the mortgage company know that H has moved out?

OP posts:
PicsInRed · 04/08/2019 13:15

Judges dont like mesher orders as its seen as delaying the inevitable - sale of the family home and rehousing (likely in rental) the wife.

You would need to have a compelling argument. Do you have a reasonable likelihood of being able to refinance the mortgage into your name in the near to medium future and also to pay out your ex?

MrsBertBibby · 06/08/2019 07:08

I get Mesher type orders all the time.

And no you don't need to tell the lender he has moved out.

stucknoue · 06/08/2019 07:12

We have been told that if we come to a private amicable arrangement then the court won't get involved. My h has said he will pay 50% of the mortgage until it's paid off (7 years) or i remarry, I get 100% of the equity in lieu of pension

Itsallchange · 06/08/2019 07:30

I’ve seen on here they don’t like them hence my question? My solicitor has advised that is only option financially at present, and we are both agreed.
Thanks @mrsbertbibby - are you a solicitor? Thank you for replying about the lender

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Itsallchange · 06/08/2019 07:36

Thanks @stucknoue we have both agreed and the split is slightly in my favour 60/40 for a various number of reasons, I have also been flexible with the marital debts and also reduced maintenance as he is unable to pay off his loan whilst the equity is in the property. We would only walk away with approx ÂŁ10-ÂŁ15k after the debts had been paid, at 50/50. I earn 50% less than my XH and the 4 children (1 Sen) live with me, he works continental shifts so no regular overnights and he has refused to have them all together. No pensions or other assets involved and I have agreed to pay all bills which is why we have agreed on 60/40 which I believe is more than fair

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MrsBertBibby · 06/08/2019 07:57

Stucknoue I strongly recommend you get that made as a consent order. Please take proper advice.

Yes, I am a family solicitor.

Itsallchange · 06/08/2019 08:58

@mrsbertbibby - thank you so you think a judge will allow it if all agreed, MN is great but sometimes it can be quite scary and make you question what you’ve been told. Thanks again for responding xx

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