Aristide Hoang-Brown secured a Mesher Order on behalf of the applicant wife in financial remedy proceedings, along with periodical payments from the husband, ensuring that she could remain living in the former matrimonial home with their child.
Aristide’s client, the applicant wife, had been a victim of domestic abuse perpetrated by the respondent husband. She did not have any mortgage raising capacity, had a limited income, and was residing in the former matrimonial home which was in the husband's sole name.
Final hearing
At the final hearing of the wife’s financial remedy application, Aristide invited the court to make a Mesher-type order (Mesher v Mesher [1980] 1 All ER 126) whereby the former matrimonial home would be transferred into the parties' joint names and held on trust.
Once the child reached 18, the property would be sold and the net proceeds divided.
On the wife’s behalf, Aristide argued that:
- if a Mesher Order was not made and the former matrimonial home was sold immediately, the wife and her child would be at risk of homelessness due to not being able to afford to rent and,
- while the court had a duty under section 25A(1) of the Matrimonial Causes Act 1973 to consider whether a clean break is appropriate, in the circumstances of the case, it was not appropriate.
Mesher Order
The judge agreed with Aristide and was persuaded to make a Mesher Order in this case, determining that as the assets were modest, the court should primarily focus on housing needs of the wife and child.
The court also ordered the husband to make periodical payments to the wife, to help discharge the mortgage payments.
Aristide achieved a favourable outcome for his client, who was able remain in the family home with her child- in which they were settled and was close to the child's school.
If you would like advice on Mesher Orders or wish to instruct Aristide in respect of financial remedy matters generally, please contact us.