A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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.


Sols not releasing proceeds of sale - rights?

  • s59
  • s59's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
13 May 16 #478108 by s59
Reply from s59
Hi Charles, here''s the actual para:

XX. Division of the proceeds of sale of Former matrimonial home
The parties having agreed to the sale of the former matrimonial home and the completion date being XX YYY 2016, the proceeds of sale shall be applied as follows:
i. to discharge the mortgage (as defined) in full;
ii. in payment of the solicitors’ conveyancing costs and disbursements in connection with the sale;
iii. in payment of the estate agents’ charges;
iv. in payment of the balance as to XX.X% to the wife and the balance to the husband.

And here are the instructions: "that the funds will be held until we both agree the division or a Court decides"

They are arguing that the order is unclear and as we haven''t agreed a split and the court has not explicitly ordered them to release the funds, they will not.

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
13 May 16 #478109 by .Charles
Reply from .Charles
I can see where they are coming from. If the order was made prior to the instructions being issued, the instructions implied that there was no agreement and there is no order deciding the issue.

A more accurate instruction would be "for sale of the property and for division of the funds in accordance with the final order."

Charles

  • s59
  • s59's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
13 May 16 #478110 by s59
Reply from s59
Thanks Charles. The order was made well after the instructions were issued.

Is it not the case that if the solicitors act in terms of discharging other aspects of the order, that in effect there is one solicitor acting for both parties in contested proceedings. Is this appropriate?

  • s59
  • s59's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
13 May 16 #478111 by s59
Reply from s59
One more question - if I have to apply back to court, would this be via a d11 form? Thanks!

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
13 May 16 #478112 by .Charles
Reply from .Charles
If the order was made after the instructions, I cannot see what the problem is. Once (i)-(iii) are paid the balance is paid in accordance with (iv).

As you are the client, you should make a formal complaint and seek that the monies be released immediately in accordance with the order.

Your ex may also be a client but it is your ex who is trying to vary instructions unilaterally. The instruction is subject to agreement OR court decision. The court has made a decision therefore agreement is not required (even if the order was made by consent - the court has decided to make the order that was proposed by the parties).

In my mind as your ex is trying to change instructions, he is in the wrong and must seek representation elsewhere. Due to the connection between your ex and the firm that wouldn''t be appropriate therefore the firm should cease acting for both of you.

Charles

  • s59
  • s59's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
13 May 16 #478113 by s59
Reply from s59
Thanks Charles, good advice. Have a good weekend. And just to say - all the effort you put in on this forum is hugely appreciated, thank you so much!

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11