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Guys, I urgently need some help and guidance.
I went to my solicitor yesterday to ask how much they would charge to have a settlement agreement drawn up that details the payment I am making to my wife in order to transfer the deeds of the house into my name. She is reluctant to sign the transfer paperwork until I have paid her the money.
The solicitor is scaring me with the process and the cost. He is stating that it would need to go to court for a consent order to be given. In doing that, the court will want to know my income, assets, pension sharing etc to decide if the payment is at the right level. It is an amicable split and I have agreed to pay my wife the sum of money she has requested.
When I stressed that we do not want to take this through the courts I am being told that even a settlement agreement signed by both parties and witnessed by a solicitor is not water tight and allows both parties to make a further claim at the time of a formal divorce.
My wife is now seeking advice from her solicitor but I fear that the whole situation is going to become very messy as her solicitors will no doubt encourage her to go for more. She moves out next week into a rented house and my mortgage has been processed with a completion date of next friday.
Any advice welcomed here as my head is just banging.
Thanks guys
I would be careful of transferring or paying anything until the divorce is over.
The risk is if you pay her but transfer the deeds whilst you remain married, she might claim on the house.
If I am honest mate - probably best to get a consent order.
I am not sure whether your solicitor is right you need to drag it through courts and formal declaration if both parties agree.
Maybe worth a second opinion or seeking a barrister by direct access(google it and the term MIAM)
BW
I agree 100% - what a solicitor costs you may be a lot less than you could lose otherwise.
And for 99p, read this http://www.amazon.co.uk/Divorce-Splitting-Up-Advice-Lawyer-ebook/dp/B00AWPE8M4/ref=sr_1_1?s=digital-text&ie=UTF8&qid=1401909452&sr=1-1&keywords=divorce
I'm not on commission for this book, though it seems like I may be since I keep pushing it π but for the cost, it's an easy and straightforward read on the basics.
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