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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.

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

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


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Solicitor managing division of funs has messed up

  • bdj123
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09 Aug 12 #348474 by bdj123
Topic started by bdj123
When I got divorced, the Consent Order mentioned 3 endowments that were in joint names.
To cut a long story short, the endowments matured and it turns out that the wording in the Consent Order was ambiguous.

To move forward, I agreed with my ex, via her solicitor, that I would pay her a sum of money on the basis that she would sign off the policies tto allow payment and that there would be a formal agreement signed to confirm no future claims.

The solicitors (funded by my ex as part of the settlememt agreement) handling the settlement received the fundingfor 2 out of the 3 policies,but had a problem with the 3rd as the policy number had changed.
This has been resolved, but they are now saying that they have had their instructions cancelled by my ex and they can do no further work on the matter.

I suspect that they may have already have paid her the agreed sum, although the terms of the agreement have not been met.

I am now faced with having a policy that I cannot receive the funds from unless my ex agrees again to sign off.

I had written to the solicitors on more than one occasion telling them not to pay until all terms had been completed.

Any suggestions on how to proceed.

  • .Charles
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10 Aug 12 #348605 by .Charles
Reply from .Charles
If your ex has withdrawn instructions, her ex solicitors can no longer act for her.

If there is an agreement in place and your ex has failed to co-operate in the implementation of the agreement, you can apply to enforce the terms. The cost of such an application can usually be claimed from your ex.

You should give notice of your intentions and warn your ex of the ramifications of her failure to co-operate and the liability for costs in the event that you make an application to enforce the agreement.

Charles

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10 Aug 12 #348616 by bdj123
Reply from bdj123
Thanks for the reply.

I do feel that the solicitors have some responsibility to resolve the matter.

It seems that they may have contributed to the situation.
If they have paid my ex prior to completion of the terms of the agreement, as I suspect, there is no further motivation for my ex to do anything more, and I can therefore understand why she would cancel their instructions.

As it stands, my ex has got paid, they have presumably deducted their fee from her payment, so the only one who is losing is me

On a practical matter, what is the process for enforcing the agreement, if it comes to that?

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10 Aug 12 #348629 by .Charles
Reply from .Charles
You make an application to the court within the original proceedings to enforce the order.

The solicitor was working for your ex and had no duty to you unless there is an undertaking or order of the court defining that payment be withheld until the terms of the agreement are implemented. The solicitor cannot be responsible to you for your ex''s failings.

I''m not sure why you are passing blame onto the solicitors for your ex''s failings..if your ex has failed to co-operate it it your ex that will have to answer to any enforcement application.

Charles

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10 Aug 12 #348653 by bdj123
Reply from bdj123
Thanks for the info on the enforcement procedure.

I agree that ultimately it is my ex that at fault.

However, I do think that since they have received the funds for the first 2 policies, this particular firm have looked for ways to get out of concluding the process, even claiming that there was no 3rd policy in place at one point!

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