A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Mesher orders

  • freeagain2011
  • freeagain2011's Avatar Posted by
  • Premium Member
  • Premium Member
More
02 Jul 12 #340517 by freeagain2011
Topic started by freeagain2011
Hi,

I''d like to hear from anyone who has experience of them. I guess anyone with experience is in a similar position to me and therefore I''d like to pick their brains.

Specifically: How common are they? if you are the subject of one, what triggers for sale are, how these are determined and can they be altered at any point. How effective are they. Are there alternatives?

Love to hear from anyone who has intimate knowledge - please inbox me?

Thanks

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
02 Jul 12 #340520 by cookie2
Reply from cookie2
Other people''s cases may be of limited assistance to you. Every case is different. The chances that another case is relevant to you, is quite unlikely. I can answer in a general sense which is probably better than just one person''s experience anyway.

Mesher orders are not usually something you would choose or want. They are a way for the mother to stay int he FMH when there are no other options available. They used to be quite common in the 80''s and 90''s but have lost popularity lately due to dwindling house prices, and the bad position the mother finds her self in when the kids reach 18.

They are much more common/acceptable when the children are older. If the kids are 2 then a Mesher order is next to useless. What good is a charge on a house that may not be realized until 16 years time?

Here are some common triggers. I say "wife" because it''s pretty much always the wife who remains in the FMH. But it could be the husband.
1) Remarriage of the wife
2) Cohabitation of the wife (this is common on Meshers done by consent but a judge will rarely put this in a court-ordered Mesher)
3) Children reaching 18
4) Wife voluntarily selling the house
5) Mutual consent

  • freeagain2011
  • freeagain2011's Avatar Posted by
  • Premium Member
  • Premium Member
More
02 Jul 12 #340539 by freeagain2011
Reply from freeagain2011
Thanks Cookie, appreciate most circumstances differ.
Have 2 children, 6 & 8. Ex will argue that not enough equity in FMH to rehouse us both so will try to remain. I think there''s (just) enough.
I am in temp accomodation, have been for over 18 months, so need funds to re-house. Ex will not meet half way under any circumstances, she won''t entertain mediation...so court seems to be my only option.
Worry is that if FMH is sold ex will simply move out of area...I don''t particularly want the kids uprooted.
Wondering how likely a mesher might be, given the circumstances, if it went that far.
Thanks

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
02 Jul 12 #340544 by cookie2
Reply from cookie2
As I said, it very much depends on the figures. You cannot re-house yourself with a Mesher order. With a youngest of 6, it would be 12 years until you get your money. That would be of very limited value to you, especially if the amount is small anyway. A Mesher order doesn''t seem to solve your problems at all. But it would be better than nothing if there''s no other options. That is exactly the situation they are for: when there''s no other options.

  • happyagain
  • happyagain's Avatar
  • Platinum Member
  • Platinum Member
More
02 Jul 12 #340558 by happyagain
Reply from happyagain
Hello freeagain, I think quite a few people have these, even more so in today''s economic climate. I think(?) another member, popoliv, settled on a mesher a few months ago when there was no additional money to rehouse him.
My husband has a mesher with his ex-wife, this was agreed in 2010. The children at the time were 11,8 and 5. Their situation was that, although there was about £75k equity in the property, she would require a similar size property to rehouse herself and the kids and could only get a small mortgage herself. So my husband has remained on the mortgage and she pays the monthly instalments, with a court stamped agreement to indemnify him if she fails to make a payment.
In this situtaion, my husband''s housing needs were met as he was living with me by this point. However I am fairly certain the mesher would have been ordered anyway as there was really no other option. The triggers were as mentioned by cookie, plus that she would have to release the equity if she cohabited for over 6 months. That was agreed between solicitors and stamped by a judge.

  • freeagain2011
  • freeagain2011's Avatar Posted by
  • Premium Member
  • Premium Member
More
02 Jul 12 #340563 by freeagain2011
Reply from freeagain2011
Very useful info...thanks all!! Any other experiences of meshers would be greatly appreciated

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11