Certificate of independent legal advice

[3gingerboys]

Hi all! I am buying my STBX equity in the family home and we are just about to lodge a draft consent order with the courts. He has found a house to buy and we are looking to to complete my remortgage prior and transfer of equity prior to receiving the sealed consent order. I am aware of the risks of doing this and I'm confident that he will stick to the terms of the order. In order to complete the remortgage the mortgage company are asking that he submits a certificate of independent legal advice. I have spoken to a few local solicitors but they're not able to help with this (I am in Lincoln). Has anyone had one of these completed or know of a reputable firm that I could contact to assist? Thanks x

No-one is going to give you a certificate unless they actually give him independent advice. You won't find a solicitor willing to give the certificate without giving any advice. He needs to contact a solicitor and ask for advice on the transaction.

Yes absolutely I want him to have the advice, but it seems to be a specific thing, advice on the transfer of equity rather than full advice on the consent order and financial agreement. I have seen a few companies advertise services online in relation to the certificate but would rather use a local company, however they don't seem to offer this service. He's happy with the consent order (not much in the way of assets and I've been very fair) so just trying to avoid paying hundreds for advice that isn't required. Thanks @prh47bridge

Just a thought - if you’re ringing the Solicitors on behalf of your ex then that does suggest a bit of coercion. Perhaps he should be ringing the Solicitors himself?

I see your point but he hates that kind of thing! Plus he works in a prison so can't have his phone with him during the day. They would speak to him directly, was just trying to find someone who could assist and then it's over to him. I'm happy for him to get full legal advice on everything but he's not interested and doesn't want to pay for it 😒

Send me a PM. I used to be a solicitor in Lincoln before I emigrated. I might have some suggestions for you.

Thanks @MooseBeTimeForSummer will pm you x

Not all firms do it, it's a high-risk, low-reward job.

I'm not in Lincoln, but to give you an idea of fees, my lowest fee for the simplest kind of ILA would be £450 + vat.

Doesn't he just have to sign something acknowledging that he's heen advised to take legal advice? I divorced 14 years ago, house transferred to me with all the equity before consent order and that's all that happened then.

Hi all, thanks for your replies. @RedHelenB I wish it were that simple! Its to do with the Halifax, they require the certificate, I think there is some case law that changed the requirements and makes it more tricky now!

I was with the Halifax and they were really supportive but as you say things change over time. Maybe you should push on with the divorce and consent orderf irst and then transfer the mortgage?