Similar to a Mesher order a Martin order allows for one party to remain in the marital home after the divorce until a certain trigger event allows for the house to be put on the market.
Mesher orders are normally put in place where children are involved. The order postpones the sale of the house, and in doing so offers some continuity in the children’s lives, allowing them to grow up in the family home.
Martin orders are only used where there are no children under the age of 18 from the marriage. The order allows for the resident party to stay in the matrimonial home for life or until remarriage. So what other justification can there be for one party keeping the home after the breakdown of the marriage?
Martin Orders are typically made where there is a large difference in the amount of wealth and assets between the two former spouses. For example, if one party has enough assets that they do not immediately need access to the capital tied up in the house, but the other would be unable to rehouse themselves if the house was sold.
- No children involved
- Significant differences in finances between 2 parties
- Trigger event: remarriage or cohabitation
- Can be for life
- Issued where children are involved
- Expires when children reach a certain milestone
- Or remarriage/re-cohabitation