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Read our latest Financial Settlements guide (2021)

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

civil claim by firm that you did not engage with take over firm suing you

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7yellowflowers
Posted by
Junior Member

08 Nov 21 #518078 by 7yellowflowers

Topic started by 7yellowflowers

how can you get the court to vacate a hearing when the firm taking you to court is not the firm you had engaged with. The initial firm was A and they merged with B. B has filed a civil case for fees in court. If you have not signed consent or granted permission for the transfer of your case from A to B how can B pursue you through the court? what can be done to have this dismissed?

Vigorate
Elite Member

12 Nov 21 #518113 by Vigorate

Reply from Vigorate

You need to check the terms of service in the engagement pack. They usually include "Assignment" language similar to the below:

References to ‘COMPANY NAME’, ‘this firm’ ‘we’ ‘our’ or ‘us’ are to COMPANY NAME and ‘shall include any successor or assignee of our business (including the incorporation of our business into a Limited Company or other body corporate) and any such successor or
assignee shall receive the benefit of these Terms and shall be entitled to enforce the same in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999.

If such language is included they do not need your consent or permission to transfer the case to a successor company.

Good luck...

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