Financial mediation
Divorce can be a challenging and emotional process, especially when children are involved. Finding fair and practical solutions regarding property and living arrangements can often seem daunting. However, with the help of family mediation, couples can navigate these issues more smoothly and amicably.

One crucial aspect of divorce settlements in England and Wales is the Mesher Order. This legal instrument plays a significant role in ensuring stability for children during and after divorce proceedings. Here, we’ll break down what a Mesher Order is, how it works, and how you can apply for one.

What is a Mesher Order?

In simple terms, a Mesher Order is a court order used in divorce cases involving property. Its primary purpose is to provide a practical solution for housing arrangements, particularly when children are involved. Named after the landmark case of Mesher v Mesher in 1980, this order allows one spouse (typically the custodial parent) to remain in the family home for a specified period.

How Does it Work?

The Mesher Order outlines specific conditions and timelines. For instance, it may stipulate that the custodial parent can stay in the family home until the youngest child reaches a certain age or completes their education. During this period, both spouses may share financial responsibilities, such as mortgage payments and property maintenance.

Once the conditions outlined in the order are met, such as the specified event occurring, the property is then sold. The proceeds from the sale are divided between the ex-spouses according to the terms agreed upon during the divorce settlement.

Applying for a Mesher Order

To apply for a Mesher Order, couples typically engage in family mediation. During mediation sessions, a neutral third party (the mediator) assists the couple in reaching agreements on various aspects of their divorce settlement, including property division and child custody.

Here’s a step-by-step guide on how to apply for a Mesher Order through family mediation:

  1. Engage in Mediation: Both spouses voluntarily participate in mediation sessions to discuss their preferences and concerns regarding property division and housing arrangements.
  2. Negotiate Terms: Spouses negotiate and reach agreements on the specifics of the Mesher Order, including the duration of the stay in the family home and financial responsibilities.
  3. Legal Documentation: Once agreements are reached, the mediator helps draft the necessary legal documents, including the Mesher Order, which outlines the agreed-upon terms and conditions.
  4. Court Approval: The drafted Mesher Order is then submitted to the court for approval. If the court finds the arrangements fair and in the best interests of the children, it will issue the order, making it legally binding.


In summary, a Mesher Order is a valuable tool in divorce settlements, particularly for ensuring housing stability for children. Through family mediation, couples can work together to create practical and fair arrangements that prioritise the well-being of their family.

By understanding the role of Mesher Orders and the mediation process, couples going through divorce can navigate this challenging time with greater clarity and cooperation, ultimately fostering a smoother transition for themselves and their children.