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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Direct Settlement payment request from Solicitors

  • okeydokey
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13 Oct 17 #496866 by okeydokey
Topic started by okeydokey
I have a court order to pay a divorce financial settlement payment of £57,000 to the Ex next month. I self-represented through a 20 month case going through to a 2 day final hearing last year. His solicitors have just contacted me and are suggesting I pay this directly into his bank account and they will supply his details? I find this highly inappropriate because I have been divorced 5 years, it was a domestic abuse case and I don't believe he's even in the UK? I want and expect this to be paid into his solicitor's account - surely this is normal procedure?
Therefore can I state that it is unacceptable to receive their client's banking details and to have any direct dealings with their client? requesting that the solicitors provide their own banking details for closure?
Can I also state that if the solicitors account details are not released in due time, a bank cheque will be raised instead and posted to the solicitors? Thanks

  • LittleMrMike
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13 Oct 17 #496868 by LittleMrMike
Reply from LittleMrMike
Yes, but what does the order say ?

Exact wording please, not just an except.

LMM

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13 Oct 17 #496870 by okeydokey
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OK - it states:

Lump Sum Order
Subject to paragraph 10, the respondent (me) shall pay or cause to be paid to the applicant a lump sum of £57,200.00 on or before 4.00pm on the day one year from the date of this order.


(Paragraph 10 is about capital gains tax liabilities that have since been resolved)

Many thanks

  • .Charles
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13 Oct 17 #496875 by .Charles
Reply from .Charles
It doesn't mention paying through the solicitor's account and you cannot insist that the payment go through a third party.

If your ex has given instructions to the solicitor not to facilitate transfer of funds through them, they have to abide by those instructions.

Finally, not all solicitors have what is known as a 'client account'. This means that even if they wanted to facilitate payment, they could not as they don't have the banking facilities.

So, as long as you receive the bank details from the solicitor, you can arrange payment and you will have proof of payment on your bank statement. Job done.

Charles

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13 Oct 17 #496877 by okeydokey
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Fab - OK - Job done and dusted it will be ! Thanks :-)

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