Long one! bear with me...Partner and I have separated and she is filing for divorce on no fault grounds (long story but not relevant to this query) I left the family home and she has remained with DC. She is buying out my share of the equity and we have mutually agreed on a 50/50 split of equity and a 'clean break' so neither of us will go after anything form each other...
She is remortgaging as the current lender wouldn't allow a transfer of equity so I am aware of early payment charges and also notional costs to be deducted. We have a 'gentleman's' agreement that the house will be sorted A.S.A.P and I will not go after the house in the divorce settlement - I am not interested in anything other than 50% equity and would not go back on my word, we have remained amicable. Naturally she has seen her solicitor who is drawing up a financial remedy order/consent order to this effect and I fully understand that this is required as well as sensible to protect both of us in the future.
The Sol emailed me last week with figures of the lump sum and asked me to confirm agreement in 14 days that I accept this figure and that payment will be made on completion of the transfer of the property into partners sole name, on the basis that there is a clean break and neither of us will make an claims against each other at any time in the future.
I responded that I am not agreeable to the figures as they were wrong, as the redemption figures they used were from June, my ex sent me a different redemption letter that stated different figures and those figures were valid one day after the email... and obviously will be different on the day of completion. Ok these figures are only a few hundred out but that's not the point. I stated that I agree to the house value, the redemption and notional costs and the clean break and am happy to sign to that effect but would not agree to the lump sum until completion of transfer reflecting authentic costs.
Her Sol has come back today stating the mortgage figure has only decreased by a few hundred pounds and is unlikely to decrease substantially before completion and that is necessary to agree a lump sum of (their original figure) so they can lodge a Financial remedy order for the courts...I have looked into this and as far as I can see this order cannot be granted until after the divorce and is typically applied for after the Decree Nisi has been granted...and has demanded I agree to this in 7 days.
Would it be reasonable for me to go back and say I am not prepared to accept this lump sum offer and as per the agreement that was made as it would be less than 50% (albeit by a nominal amount) and that as I haven't even had the divorce papers through to sign yet I don't see why the financial remedy order can't be lodged once the house has completed?
For context I was not at fault for the separation and did not want any of this! and although it seems petty if her solicitor gave a bill invoice for x amount and the client came back saying I will pay you ( a couple of hundred lower) would he be prepared to except that on the basis its only a small amount! I think not. I have got a family layer working for me but as they charge for every email/letter/etc and I am already racking up costs I would like to only go back to him if absolutely necessary!
Thanks for getting this far (if you have)