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NSW Financial Binding Agreement - How to Get Lawyer to Release It?

Discussion in 'Family Law Forum' started by Johannes, 26 August 2015.

  1. Johannes

    Johannes Member

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    My "Ex" Wife and I have a "Financial Binding Agreement", drawn up by Lawyers, signed, sealed and delivered. In that I need to Refinance the House into my name, on or before 25 Sep 2015. I have everything in place... application, approval and property settlement on 25 Sep 2015. The only thing I need is the "Transfer of Title". This has been signed by my "Ex" Wife and myself, and is in the hands of my Lawyer. BUT, he won't release it, because he says that he has an agreement with my "Ex" Wife's Lawyer not to. My "Ex" Wife's Lawyers states....

    "With respect to the Transfer to be held by John’s lawyer in escrow for stamping purposes only pending settlement of the refinance by John. The Transfer should not be released to John as it will be provided on settlement to the incoming mortgagee to register the Title of the Banora Point property into John’s sole name and upon John discharging the mortgage liability currently held in joint names with yourself and John and refinancing that mortgage liability into his sole name.

    Accordingly, it is appropriate that his solicitor hold the Transfer as they will attend to settlement on his behalf and ensure that the mortgage is discharged to remove you from liability. We note that this is to occur on or before 25 September 2015 and your file is on review at the commencement of September to follow up John’s lawyer as to arrangements for property settlement"


    My "Ex" Wife and I would like to have it released NOW, so that it can all be finalised. We do not agree with her lawyer. How can we force her lawyer to have this document released?
     
  2. Sophea

    Sophea Well-Known Member

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    If your wife instructs her solicitors to release it then they can't really decline to act. They have an obligation to do as their client requests.
     
    Johannes likes this.
  3. Johannes

    Johannes Member

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    Thank You for your response. It is much appreciated, and as I thought.
     

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