Nature of a Mesher order

Where there are minor children, the modern divorce law directs that their interests shall be the first consideration in any division of property (Matrimonial Causes Act 1973, s. 25(1)). In such cases, the court may make a so-called Mesher order (see Mesher v Mesher and Hall [1980] 1 All ER 126), which has the effect of retaining the matrimonial home in the joint names of both spouses on a trust for sale for themselves in specified proportions, and postpones the sale of the house until the youngest child reaches a specified age.

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