Jargon Buster Family Law Category - M-O


The process by which two or more parties to a divorce or civil partnership can engage in discussion with a mediator with a view to agreeing their own solution to their financial issues

Mesher/Martin Order

These are orders which allow property (usually homes or land) to be placed in trust and only to be sold in the event of certain things occurring e.g. a party or person dying, remarrying or entering into a new civil partnership, the children of the parties reaching a certain age, etc. 

Order for Sale

This is a financial remedy order which requires a particular piece of property (e.g. a home, some land, an antique, etc) to be sold and then the proceeds distributed to one party or between the two parties to the financial remedy proceedings. 

Non-Molestation Order

A non-molestation order is also often referred to as an ‘injunction’. If the court makes a non-molestation order it can require a person to:
a)    stop using violence against the Applicant;
b)    stop threatening use of violence against the Applicant;
c)    stop encouraging third parties to use or threaten violence against the Applicant;
d)    stop intimidation, harassment or pestering of the Applicant;
e)    stop encouraging third parties from intimidation, harassment or pestering of the Applicant;
f)    contact with the applicant – direct or indirect. 

If a non-molestation order is in force and the person restricted by the order breaches any of the terms it is a criminal offence. The alleged breaches can also be determined by the family court by way of contempt of court proceedings.

Occupation Order

An occupation order specifies who is allowed to live in the family home. It can require a person to leave the home and to not return until further court order. In addition, the court can restrict access by the person required to leave so that they are not to enter a specified area surrounding the family home.