What are Mesher and Martin Orders?
Mesher and Martin orders allow spouses to continue owning a property jointly post-separation until a certain trigger event happens. They are often referred to as “deferred orders for sale”. You may want a Mesher order if, for example, you want to stay in the family home with the children but you do not have the financial means to take over the mortgage.
Mesher and Martin orders are both types of settlement of property orders that can be used to adjust finances on divorce when the matrimonial assets are being split. A settlement of property order creates a trust over the property for the benefit of one or both parties (or for the benefit of a child of the family).
Both Mesher and Martin orders create a trust of land in which the parties hold the property as tenants in common in defined shares. This means that the property is owned jointly, but each party owns a separate share in the property. If one party dies, their share passes to their beneficiaries in accordance with their will or intestacy.
Mesher orders trigger an order for sale once a certain event happens. The proceeds of sale will then be split in accordance with the parties’ defined shares. Possible examples of triggering events under a Mesher order could be:
- Youngest child of the family reaching 18.
- Remarriage (or cohabitation) of the resident party.
- Death of the resident party.
- Further order.
When a Mesher order is in place, the joint legal ownership of the property is retained by both parties, even if only one of the parties remains living in the property. As the property remains jointly owned, the terms of the trust will often specify the contributions of each party to the mortgage payments, maintenance and upkeep of the property and insurance.
Mesher orders are complex and are often only appropriate in certain circumstances. This is because parties remain joined together in property ownership after their relationship or marriage has broken down.
A Martin order gives one party the right to occupy the former matrimonial home for life or until re-marriage.
Martin orders tend to be used if a couple have no dependent children and the non-resident party has no immediate requirement for capital to pay for somewhere new to live. For example, a Martin order could be used if the non-resident party is living in a second property which is worth much less than the matrimonial home. Likewise, a Martin order may be appropriate if the outright transfer of the former matrimonial home to the resident party would produce an unfair capital split.
Related FAQs
On 2 April 2020, the Government issued guidance relating to Private Finance Initiatives and PF2 Projects. The guidance, which is to be enforced with immediate effect (currently due to stay in place until 30 June 2020), is one of several guidance notes issued to date.
A link to the guidance is set out below:
Key messages to contracting authorities
- PFI contractors should very much consider themselves as being part of the public sector response to the current pandemic
- Covid-19 is not regarded as, and is not to be classified as a force majeure event
- PFI contractors must ensure that contingency plans are up to date and have been reviewed and discussed with contracting authorities to enable the continuity of full services to respond to the pandemic and maintain vital public services
- Contracting authorities should work closely with PFI contractors to use all available options to maintain public services during the emergency period
- Local arrangements should be made where PFI contractors can’t deliver the agreed requirements and performance standards
- “Best efforts” should be made by all parties for the continuation of service provision
Another obvious cost cutting measure is to reduce working hours, either temporarily or permanently. Again, it should be done fairly, either across the board or by selecting teams/individuals based on objective business reasons. Imposing without agreement would create significant risk, therefore would require fair selection and consultation.
The Coronavirus Business Interruption Loan Scheme (“CBILS“) is open for applications to provide small businesses with a loan of up to £5m to assist with the Covid-19 outbreak. The Scheme is aimed at businesses who are experiencing lost or deferred revenues, and who otherwise would be denied support from lenders, to be supported by a Government backed guarantee. The Scheme will initially run for six months with the possibility to be extended where required, so businesses should only approach a lender under the Scheme as and when they require assistance.
If an e-scooter has been ridden irresponsibly in a public space, for example, the rider was going over the maximum speed limit of 15.5mph, then the rider is likely responsible in the event of an accident.
Liability is dependent on the individual circumstances of the accident, and you should seek legal advice if you have been involved in a collision either when driving a vehicle or as a pedestrian.
As long as you can demonstrate that you have exercised reasonable care in determining status you have discharged your obligations in that respect. However, if you are unable to demonstrate this, you may as the end user client be responsible for the contractor’s tax and NIC’s.