Risk management

Ive started so Ill finishThe dust is settling.

Your reputation as a tough but fair matrimonial lawyer has been enhanced.

Another good result.

The husband has instructed his solicitors to concede, your client is happy, terms have been agreed, time to move on to the next file.Stop right thereThis is the stage when most mistakes are made in matrimonial cases.It is absolutely crucial that the momentum is maintained once settlement has been agreed.l Make sure all agreed terms are in the final order.In the course of negotiations it was agreed that the husband would transfer an endowment policy, which was in his sole name, to the wife.

Unfortunately, the solicitor overlooked including this in the final order, which has now been sealed.

The husband is refusing to transfer the policy.l Get your client to check the final order.The client is likely to have as detailed a knowledge of matters relating to the settlement as you are.

It is a useful way of double checking the order to ensure that there have been no errors or omissions.l Make sure that your client understands the terms of the final order.Go through the final order with the client, explaining each clause.

It is better that any misunderstandings are cleared up before the order is made.

It is important to explain detailed or complex terms to the client never automatically assume that they will understand them.l Make sure you take all necessary steps to give effect to matters set out in the order.A property was to be transferred from the joint names of the husband and wife into the husbands sole name.

The mortgagees gave their consent, provided that the transfer was carried out within a relatively short time scale.

The solicitor failed to take steps in this respect.

The husband stopped paying the mortgage, arrears arose, the solicitor missed the mortgagees time limit.

They withdrew consent and repossessed the house.The property was sold at a loss, and because the wifes solicitor was at fault, the mortgagees have written to her asking for proposals as to payment of the outstanding arrears.

On top of this, she is unable to proceed with her own purchase.l Dont forget to apply for the final order.A solicitor acted for the wife and terms were agreed.

A final order was drafted, and approved, by the respective solicitors.

Unfortunately no steps were taken to lodge it at court.

Some five months later the wife received a substantial sum of money from a close relative who died unexpectedly.

The husband discovered this, and has also learned that no final order was made.

He has instructed new solicitors who have stated that their client is not prepared to proceed on the original terms, by reason of the change in the wifes circumstances.

Furthermore, the husband is now saying he is entitled to a share of the wifes inheritance.If you want to do a good job, make sure you finish it.

l This column was prepared by the St.

Paul risk management team