What is a Sears Tooth Agreement?

You will need to speak to your solicitor and establish exactly what you both expect the final settlement could be. All assets will need to be valued and then your solicitor can establish what you’re likely to receive in a financial settlement, and whether it is enough to cover their costs.

A deed of retainer and assignment will then be drafted. This outlines the costs and the terms of your Sears Tooth agreement. You will then need to ask an independent legal adviser to witness this deed. Once such an agreement is signed, it must be disclosed to the Court and it becomes legally binding.

What are the benefits of a Sears Tooth agreement?

The main reason you could consider a Sears Tooth agreement is if you do not have money available to pay your solicitor upfront, but you know you will have funds once the divorce has been finalised. It enables you to benefit from receiving legal advice even though you may not be able to pay your solicitor upfront.

A Sears Tooth agreement also helps you to avoid having to borrow money from a bank, or from friends or family.


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