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
Yes probably in our opinion, even if you are not considering taking any formal action against them. Ultimately if a doctor is suspended this could be considered as causing them reputational damage and it therefore is correct that they are afforded the protections (in particular in relation to keeping exclusion/suspension under review) of MHPS. Under Part V of MHPS there is provision for excluding practitioners if they are a danger to patients and they refuse to recognise it or if they refuse to co-operate. It doesn’t refer to a particular risk for the practitioner themselves, but it would appear logical that it would apply.
As the coronavirus outbreak continues to develop, we have seen many countries begin to implement emergency procedures and legislation in an attempt to control the spread of the disease.
These have included bans on gatherings and public events, closures of shops, bars, restaurants and public spaces, and full lockdowns which restrict all but key workers to their homes except in certain limited circumstances.
This has a direct impact on businesses and their ability to operate. So what happens if a contract becomes impossible to perform because of emergency legislation?
For example:
- If you are a hospitality business, you have agreed to host an event, and gatherings are prohibited
- If you are a manufacturer or service provider, and your staff are required to remain at home, making performance of the contract impossible
The Act was obviously subject to much debate and criticism as the Bill passed through Parliament. It is difficult to properly assess any gaps until after the necessary secondary legislation has been published and comes into force (along with the remainder of the Act), but some of the likely issues include:
- The impact on the insurance market, and the (lack of) availability and increased cost of insurance in light of the provisions of the Act
- How the introduction of retrospective claims will affect the market, both in relation to how parties might go about trying to prove matters which are 30 years old, but also the lack of certainty for those potentially on the receiving end of these claims which they previously had by virtue of the Limitation Act provisions
- Whether the definition of higher risk buildings is correct, or will require some refinement.
The Martlet v Mulalley case provides some useful observations and clarifications, for example that designers cannot necessarily rely on a ‘lemming’ defence that they were simply doing what others were doing at the time, that ‘waking watch’ costs are generally recoverable, and commentary on certain specific Building Regulations. The judgment however made clear that much of the case turned on its specific facts, so it is useful from the perspective of providing some insight as to how the Courts will deal with cladding disputes in future, rather than setting significant precedents to be followed.
Pension sharing orders are used to redistribute a couple’s pension provisions following a divorce or dissolution of a civil partnership. When a pension sharing order is made, the paying party’s pension provider is instructed to transfer a specified percentage of that pension into a pension in the name of the receiving party. The pension is effectively lifted out of the paying party’s pension and paid into a pension belonging to the receiving party so that it becomes their pension to do with as they please. Once implemented, the paying party cannot dictate to the receiving party what they should do with the pension. It is worth remembering however that when a pension is transferred under a pension sharing order, it must be paid into another pension and it cannot be released as cash. A pension sharing order is also not available to couples who have chosen to have a judicial separation rather than a divorce/dissolution.
In some circumstances, visitors and customers are required to wear face coverings, such as those travelling on public transport, shoppers and museum visitors. The government guidance states that:
- businesses must remind people to wear face coverings where mandated; and
- premises where face coverings are required should take reasonable steps to promote compliance with the law.
As part of their duty of care to employees and to uphold a relationship of mutual trust and confidence, employers should consider how employees can ensure that visitors and customers comply with the rules and provide their staff with guidance. They must also seek ways to protect their employees both from the risks of those customers not wearing face masks and potential abuse from customers or visitors who decline to wear a face covering. This may include having signs in place requiring customers and visitors to wear a mask and allowing staff to refuse to serve customers if they do not follow the rules.
However, it is ultimately the responsibility of the police, security and public transport officials to remove customers from premises where they are not complying with the rules on face coverings.
The police and Transport for London have been given greater powers by the government to take measures if the public do not comply with the law relating to face coverings without a valid exemption, such as refusing to wear a face covering. This includes issuing fines which have now been increased to £200 for the first offence (and £100 if paid within 14 days). Transport operators can also deny access to their public transport services if a passenger is not wearing a face covering, or direct them to wear one or leave a service.