Consent terms and final payment
Querist :
Anonymous
(Querist) 23 February 2023
This query is : Resolved
Hi All,
I am in the middle of a cancellation of a suite and have a query in which I need your help
There are two plaintiffs involved, a husband and a wife. However, only the husband was present to sign the consent terms in court on behalf of his wife. These consent terms have been accepted by the court.
As per the consent terms, we will be entering into a cancellation deed for the previous sale agreement, which will be done with a registrar.
Problem: for the payment settlement we have been asked to make the payment only in the name of the husband while being assured that both husband and wife will be present for the cancellation agreement in front of the registrar.
Query: Is there a possibility that this could create an opportunity for the wife to make claims in the future? Are there any other risks or issues that we should be aware of, or is this arrangement entirely secure?
Important note: There is no indication in the consent terms as to who should be the recipient of the payment. I am assuming that it should be both husband and wife as the agreement of sale and court case was filed in a joint name
