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Mesher order for the husband to stay in FMH?

  • Dockley
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06 Jul 07 #1200 by Dockley
Topic started by Dockley
Hi All

Does anyone know how a mesher order would work for the husband to stay in FMH with one child.
Earnings significantly higher than wife's but unable to raise enough funds to buy her share out.

Wondered if could go for a mesher order, but unsure of the grounds for this.

;)

  • DownButNotOut
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09 Jul 07 #1252 by DownButNotOut
Reply from DownButNotOut
Dockley,

My understanding is that:
- You(higher earner) are in FMH with younger child
- Wife((lower earner) is renting with older child and new partner

Lets ignore the New Partner for a minute - imagine she is on her own.

In this case you have 1 child to care for each (i.e. similar needs), but she has significantly lower earning capacity.

In this scenario I doubt that you could achieve the outcome of you remaining in FMH with a mesher in place which would mean that she has to wait for younger child to leave home before she gets any capital.

I would guess that the home would be sold and capital split (probably in her favour - due to her lower earning capacity).

If she got married - and the new husband could support her then maybe what you describe is possible.

If she co-habits - then i think the court would have to be cautious about the longevity of this new relationshiop and so would seek to protect her in case the new relationship breaksdown - so i really doubt that you would get an order tying her capital up in a Mesher.

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