Hi,My last question related to my divorce. To recap: a Consent Order has been issued and I am having a dispute on legal charges which I am obliged to pay but which are about three times the norm for a straightforward transfer of title. Is it possible, if both sides agree, to settle this dispute through the Small Claims Court or any other dispute procedure which can avoid going back to the Family Court?
Province/Country relating to question : Uk
Negotiating a solution which is proving difficult
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Has the Transfer now been completed?
No, it's being held for the bill to be paid. So it's a stalemate.
HiAh is this the one where the order says at your cost - your solicitor did the transfer but her solicitors have also charged?Claire
Yes, but I would have had no problem if the charge was reasonable. It's just that the charge is about three times the norm.
HiWhat does your solicitor say about this?Claire
I have not asked him specifically on this particular matter but his attitude generally is to follow the prevailing procedures which, in this case, is to refer a dispute on the consent order back to the family court process. However, he has hinted that there are other approaches available which divorce solicitors don't necessarily recommend but which can be used. So I thought I would seek independent advice. Hence the question I have asked.
HiI actually cannot see that the court ordered you to pay these fees - can you remind me why her solicitors were involved at all other than to get her signatureClaire
I had the responsibility to carry out the transfer and pay for it. You are right to say that all the other solicitor had to do was to get her to sign. In the event he advised my wife to ask for an indemnity clause to be added and, I think, helped her get her identity documents together. We were happy to accept the indemnity but he then sent me a bill for over £900 and said I had to pay before he would release the transfer document which my wife had already signed. I disputed this but he would not budge.
HiI would be minded to apply to the court to enforce the Order and the release of the TransferI am far from certain that the court would agree that her solicitors costs are in fact payable by you at all - and if they are then you can ask the court to assess them.The only other option is to pay them and then lodge a formal complaint with the Legal OmbudsmanClaire
25 years experience of all aspects of family law
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