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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-28-2011, 10:37 AM
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Default Form and Content for OFFER TO SETTLE

Does anyone have the form and content to submit an offer to settle to oppossing counsel?
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Old 04-28-2011, 12:31 PM
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Can't find a template for an "Offer To Settle" for Family Law, except some that are dated 2007.
There is an "Offer to Settle" form but it's for Small Claims Court.
Since the "Offer To Settle" isn't filed, I think addressing a letter to the other party and/or their lawyer with the heading "OFFER TO SETTLE" across the top may suffice.
But I'm not sure.....
There's this: (scroll down to 49A Offer To Settle) http://www.ontariocourtforms.on.ca/english/civil under Rules of Civil Procedure Forms or this from "Rules of the Small Claims Court" 14A Offer to Settle http://www.ontariocourtforms.on.ca/english/scc
But no "Offer to Settle" form for Family Court...maybe if enough people contact Ontario Court Services to add "Offer To Settle" for Family court they'll add it? http://www.attorneygeneral.jus.gov.o...sh/contact.asp

Last edited by Epona; 04-28-2011 at 01:23 PM.
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Old 04-28-2011, 03:56 PM
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I think there is not such form. I could not find any too.

I used what other lawyer used I can send it to you even I DO NOT AGREE WITH YOUR POSITION in regards of ... you know what )
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Old 04-28-2011, 06:16 PM
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There is such a form -- my exes lawyer used one several times. But it has typing on it and it would take a very long time to copy it and white out the typing! :-D Looking4Answers is seeking a copy, not I! :-)
@WorkingDad -- I apologize for writing angry comments responding to your posts. Won't happen again, though I may "politely" disagree! :-)

Last edited by Epona; 04-28-2011 at 06:37 PM.
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Old 04-28-2011, 09:10 PM
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Quote:
Originally Posted by Epona View Post
There is such a form -- my exes lawyer used one several times. But it has typing on it and it would take a very long time to copy it and white out the typing! :-D Looking4Answers is seeking a copy, not I! :-)
@WorkingDad -- I apologize for writing angry comments responding to your posts. Won't happen again, though I may "politely" disagree! :-)
Accepted...

And yes lawyer use it but looks like it just their own creation. Basically just first page of any from without form number and Offer to settle as name of form...
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Old 04-29-2011, 01:25 AM
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There is no form, you outline an offer in a letter with schedules where required. Date it, sign it, keep a copy but don't file in court record. Keep a record of service.

Offers to settle usually go over better when you keep the arguments and axe-grinding to a minimum and check the ego at the door.

FG
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Old 04-29-2011, 02:51 AM
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the best approach.
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Old 04-29-2011, 07:03 AM
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there is a form but it's a template in the divorcemate software. so unless you're a lawyer you don't have access to it. Its not mandatory.
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Old 05-03-2011, 04:02 PM
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Looking for same. Don't need an actual electronic template to "fill in the blanks" just a sample so I know where to put content. Anyone??
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Old 05-03-2011, 10:53 PM
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Quote:
Originally Posted by dave9911 View Post
Looking for same. Don't need an actual electronic template to "fill in the blanks" just a sample so I know where to put content. Anyone??
Don't get hung up on form. My offers to settle was one page: one paragraph to express why there was benefit to settle, one paragraph of my logic around why I calculated the settlement as I did, and then I set down the settlement numbers and details. Remember that offers to settle (unfortunately) are often tactical: once a case has gone to trial and concluded, the judge may ask to see the pre-trial offers to assess who was wasting the court's time...and therefore how to distribute costs, if any. Be reasonable: the closer you can stick to precedent, statute and guidelines the better.

In my offers I refer to SSAG and then showed relevant calculations. Any arrears payment was rationalized.

FG
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