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Alternatives to Mesher Order?

  • Seventeen Going Under
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25 Jun 25 #526098 by Seventeen Going Under
Topic started by Seventeen Going Under
Sorry for the essay…

Soon to be ex-wife's solicitor has suggested she applies for a Mesher Order. She's 35, I'm 38, our child is 3.

I was asked to move out in January so I’m living at my auntie's temporarily. Wife and child living at the home - joint mortgage.

I stay there 1-3 nights a week (in the same bedroom as child) and spend quite a lot of time there in the evenings and weekends to be with our child.

Wife is self-employed on low income, since our separation has received Universal Credit.

I work one full-time job and another casual job on the side, my salary is fairly modest - I'm paying child maintenance and half the mortgage (plus other bits here and there).

My tentative plan is to see if owning another property is feasible (I don't want to rent), but I also hope wife and daughter can stay put somehow.

Based on her income, she will not be able to get a mortgage on her own. I think I could, but not if I’m tied to the current joint-mortgage.

Alternative is buying a property with my older brother (like me, he’s in full time employment plus a casual side job - currently living at our parents’, wants his independence) - not sure if me having two joint-mortgages could happen based on his and my income combined (and still being on the joint-mortgage for the FMH).

Appreciate I need legal and financial advice to sort through all of this - but I was wondering if there are any real life examples on here for alternatives to Mesher Orders?

Despite working two jobs I’m not a high earner - I’m struggling with the prospect of being tied to the FMH for another fifteen years before our child turns 18/finishes full time education (I’m aware of the other possible triggers). And based on our circumstances and my research on current precedents in family law - if I decide to contest the Mesher Order and wife decides to take it to court, it's highly unlikely a judge would grant it.

Could I just continue the type of arrangement we currently have for as long as I can, and if we agree, put it in a Consent Order?

Current home is within walking distance from child’s school (she starts nursery this September), but wife will be forced into social housing if we have to sell up.

Any advice much appreciated, from a heartbroken fellow.

  • WYSPECIAL
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25 Jun 25 #526100 by WYSPECIAL
Reply from WYSPECIAL
A lot depends on your income and how much money you are borrowing.

If you earn enough to meet the lending criteria to cover both mortgages then you’re ok. If not then you won’t find a lender.

For a Mesher Order your ex will need to be able to afford the mortgage and running costs from her own resources. Can she?

Are you proposing to carry on paying towards the mortgage and staying round there some nights to see your daughter? Will you and your ex still be ok with this arrangement if she moves a new partner in a few years down the line?

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