Q&As

Is it possible to vary a Mesher order by consent where the non-occupying party has agreed to an extension of the timescale for a transfer to take place in exchange for a further percentage of the net equity?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 29 May 2019
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It is not uncommon that, following on from an order in Financial remedy proceedings, whether by consent or imposed by the court, the parties will between them agree to a different outcome. Circumstances can change, or the parties might decide that a better deal can be struck than that imposed by the courts or agreed on the day. While an order of the court takes effect upon its making, and is effective unless and until it is discharged or varied, such agreements, if made freely and absent any duress, undue influence or fraud, have a good chance of being upheld by the court in the event that one party subsequently seeks to enforce the terms of the original order. It is however always prudent for the parties to formalise any agreed variation to avoid unnecessary litigation and

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Mesher order definition
What does Mesher order mean?

An order postponing the sale of the family home with the ultimate sale proceeds to be divided between the parties in stated proportions.

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