I have to sign a binding financial agreement for a divorce. The other party is having their solicitor draw it up. He has said that i need it sent to a solicitor and they will not send it to me. I haven't secured a solicitor yet and don't want to be pressured to pick someone so the papers can be sent. Am i wrong in believing they can be sent to me directly? I know i have to have them signed by a solicitor but was of the understanding that they could be sent to me to read through and dispute if necessary prior to paying a solicitor to read them.
QLD Binding financial agreement
- Thread starter Numbone
- Start date
I am not aware of any requirement for BFA's to only be sent to another solicitor.
You do however need to get and pay for advice regarding the BFA. It is not a simple formality.
You do however need to get and pay for advice regarding the BFA. It is not a simple formality.
If I was a solicitor for the other party I'd be using the OP's reaction as an indicator of future behaviour.
Give in now, give in later. Play hard now, play hard later. Behavioural game theory working in practice
If the other solicitor is just wanting to extract as much money as possible from the matter, playing hard is better for them, give in is next, then the reasonable middle ground gives them little to work with. Many solicitors are not like this, but some are. Your response should be predicated on how you rate them.
Another middle approach would be to politely say you are the other party in the matter and require the documents so you can obtain quotes from multiple other solicitors. Suggesting if they are happy to send to 10 or so other solicitors then they are welcome to do. Then point out it may not be in their client's best interest in sending out 10 copies of documentation to other solicitors and may in fact be a breach of their duty of confidentiality as you haven't yet appointed any solicitor and don't intend to until you obtain a detailed quote.
Give in now, give in later. Play hard now, play hard later. Behavioural game theory working in practice
If the other solicitor is just wanting to extract as much money as possible from the matter, playing hard is better for them, give in is next, then the reasonable middle ground gives them little to work with. Many solicitors are not like this, but some are. Your response should be predicated on how you rate them.
Another middle approach would be to politely say you are the other party in the matter and require the documents so you can obtain quotes from multiple other solicitors. Suggesting if they are happy to send to 10 or so other solicitors then they are welcome to do. Then point out it may not be in their client's best interest in sending out 10 copies of documentation to other solicitors and may in fact be a breach of their duty of confidentiality as you haven't yet appointed any solicitor and don't intend to until you obtain a detailed quote.
While I suggested a reason, it really doesn't matter. They should send on their final version to you, especially if you are the one they have been corresponding with to arrive at the agreement.
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