As part of a Linkedin discussion I agreed to display a Sears Tooth Agreement, it has kindly been supplied to me by Saika Alam. I have not drafted this agreement nor do I agree to be responsible for its suitability in any particular case.
THIS DEED OF ASSIGNMENT is made the ______ day of _______________ 20
B E T W E E N:
(2) THE PARTNERS at the date hereof of the firm of Solicitors practising XXXXXXXX (hereinafter called "the Partners").
W H E R E A S:-
1. In an action (hereinafter called "the action") in the County Court number in which is the Applicant (hereinafter called "the Husband") and his spouse (hereinafter called "the Wife") is the Respondent, the Wife seeks financial provision to be made to her by the Husband and further she seeks orders to be made that her legal costs be paid by the Husband.
2. The Wife has agreed to assign her right interest benefit and advantage in the said financial provision and orders in the action to the Partners in the manner hereinafter appearing:
NOW THIS DEED WITNESSETH as follows:
1. In the deed the following expressions shall have the following meanings:
i) "Financial Provision" means any property or money recovered or payable to the Wife as a result of the action including property adjustment orders and lump sum orders but excluding payments pursuant to a periodical payments order.
(ii) "Costs Orders" means orders made or to be made by the Courts in the action for payments by the Husband of the whole or part of the legal costs of the Wife.
2. In consideration of the legal services provided and to be provided to the Wife in the action (as the Wife hereby acknowledges) the Wife as beneficial owner assigns unto the Partners that part of her right interest benefit and advantage in the financial provision and any costs orders and interest thereon as will settle any lawful claim for payment that the Partners may make against her.
3. The Wife covenants with the Partners that she has not otherwise assigned her right interest benefit and advantage in the financial provision and any costs orders and she agrees that the Partners shall be entitled to retain or charge as security such part as the Partners may be due of her right interest benefit and advantage in the financial provision and any costs orders to settle the indebtedness of the Wife to the Partners in respect of such services as may be provided by the Partners from the date hereof until the final order in the action and including the costs of enforcement of this assignment if necessary together with lawful interest thereon which interest shall be payable at the rate of 2% above the Bank of England base rate on all future bills of costs delivered by the Partners from 30 days after delivery of such bills of costs.
4. In witness whereof the Wife has duly executed this instrument as a deed the day and year first before written.
Signed and delivered by
in the presence of:
DEED OF ASSIGNMENT ============================