Sources of precedents for Mesher and Martin orders

Answer

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Mesher and Martin Orders  

Mesher and Martin orders are orders made in respect of matrimonial proceedings, which take effect as trusts under which the sale of a property is deferred until certain events occur or by way of charges over the property, where the realisation of the charge is postponed until the happening of those events.

Mesher orders are named after Mesher v Mesher and Hall (1973) [1980] 1 All ER 126.

Martin orders are named after the decision in Martin v Martin [1978] Fam 12.

Precedents

There are various precedent for orders in the following:

• Jackson's matrimonial finance, 9th ed. (2012) has precedents for both orders. Appendix 5, A5.36 Deferred trust for sale - Mesher order, A5.37 Deferred trust for sale - Martin order.
  
• Encyclopaedia of Forms and Precedents, vol 16(2) Family (2011 reissue) Form 76 Deferred trust for sale - Mesher order and Form 77 Deferred trust for sale - Martin order.
  
• Duckworth, Matrimonial property and finance, 6th ed (loose-leaf) G 101 Mesher order with roll-over clause and trusts re collateral policy
  
• Humphreys' family proceedings, 20th ed. (2002) Appendix 2 Form 38 Mesher order
  
• Bird, Ancillary relief and financial orders handbook, 8th ed. (2011) Appendix A, Form 15 Mesher order - house in joint names - party to be allowed to live there until child attains a certain age; Form 16 A more elaborate form of Mesher-type order; Form 17 Mesher-type order with provisions for extended right of occupation and for occupant to pay rent from a specified date; Form 24 Martin-type order - house in joint names - party to be allowed to live there for life.