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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My son has been going through divorce proceedings for a

Resolved Question:

My son has been going through divorce proceedings for a year, his wife (the Applicant) being represented by solicitors, my son has been representing himself. They have recently reached an agreement before the final trial and a Consent Order has been signed by the judge. The Order requires my son to "pay the applicant" a fixed sum by a certain date and in exchange for the simultaneous exchange of property transfer documents giving my son full title to the family house. My son has procured the issue of a banker's draft drawn on Nationwide Building Society for the sum, payable solely to the Applicant, and now wishes to consummate the Order. His wife's solicitors have refused to accept the bank draft payable to his wife and insist that settlement can only be made by prior bank transfer to their client account, citing that they are the Applicant's "solicitors of record". Are the solicitors lawfully entitled to insist on this risky (to my son) method of settlement of the Court Order?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first?

Why do you think that this is a risky method for your son?

Customer: replied 1 year ago.
The solicitor has been very hostile and unprofessional from the start, and has made several errors. My son is aware of these errors because he once worked as a litigation para-legal in matramonial matters. My son is concerned that if he supplies funds to the solicitors before he has been given signed title transfer documents he may not receive the correctly completed documents and therefore not get title to the house. My son is aware that he would have recourse to the Law Society if that happened but he doesn't want the hassle. He just wants to obey the Order by making a valid, unstoppable, payment to the Applicant, in the presence of her solicitors, in exchange for the title transfer documents. Also, he has already got the banker's draft, which would be very difficult to unravel.
Expert:  Clare replied 1 year ago.

Has the TR1 been prepared?

Has he asked his ex if she is willing to accept this

Customer: replied 1 year ago.
The TR1, ID1, AP1 etc have all been prepared by my son and forwarded to the Applicant's solicitors for the applicant to sign and have the ID1 completed by her solicitors. My son is unable to communicate with his wife - he is compelled to do this only via her solicitors. My son has asked that he and the solicitors meet at the solicitor's office one day before the ordered payment date, at which he will give them the banker;s draft in exchange for the title transfer documents.
Expert:  Clare replied 1 year ago.

There are two problems I am afraid

The first is that in fact a Bankers Draft is NOT cleared funds and accordingly he cannot exchange it for the documentation in any event.

The second is that the only person who can insist that the Bankers Draft is accepted (subject to the above) is his ex - and of course he

cannot ask her to do so.

As her solicitor of record then her solicitors can insist that payment is made to them - and will not release the documentation until the funds are cleared.

Oh your son has real concerns about the actions of the solicitor then he can arrange the payment and wait in the offices until the payment is received and collect the documents then

Please ask if you need further details

Clare and 3 other Family Law Specialists are ready to help you