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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 04-08-2014, 03:47 PM
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Default Settlement agreement, no minutes.

Came to an agreement at settlement conference. Other party to send final minutes of settlement.

So far my lawyer has heard nothing and just over 4 weeks have passed. My lawyer has emailed other party regarding this but no response to date.

Is this common or an indicator that the other party has changed their mind?

Sitting waiting and trying to plan other things financially is a killer as we don't know if we are going to be forced to shel out for a full trial.
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Old 04-08-2014, 04:03 PM
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That's not a good sign anyway, I believe if what you've decided at SC is not put in writing by the judge then is like talking in vain, others please correct me if I'm wrong.

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Last edited by paco; 04-08-2014 at 04:05 PM.
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Old 04-09-2014, 10:04 AM
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In my experience most lawyers have no ability to put things in writing in a timely fashion. Not unusual at all. I hope you and your lawyer have a copy of the written and signed minutes of settlement. If so have your lawyer type them up and send them to the other party for signature and file with the courts. Doesnt' matter who agreed to do the administrative part and long as it gets completed.

If you do not have a copy of what you signed...fire your lawyer.

1)Inform the other parties lawyer you have released yours (fill out a Form 4 and file with the court)and you want a copy of the written minutes of settlement in 10 business days. You will then proceed to type them up and provide them for the parties signature. You willl then file them with the court.

2)If you do not receive a copy of the written minutes of settlement or a typed copy consider yourself without an agreement from the settlement conference and proceed forward.
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Old 04-09-2014, 10:19 AM
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Quote:
Originally Posted by Reality View Post
In my experience most lawyers have no ability to put things in writing in a timely fashion. Not unusual at all. I hope you and your lawyer have a copy of the written and signed minutes of settlement. If so have your lawyer type them up and send them to the other party for signature and file with the courts. Doesnt' matter who agreed to do the administrative part and long as it gets completed.

If you do not have a copy of what you signed...fire your lawyer.
Thank you Reality. I didn't sign anything and have received no minutes. We sat in front of the judge, she said her piece and then we left the room so the other party could discuss with his lawyer (he was there via telephone).

Came back into the court room and was told he had agreed. Judge asked his lawyer to write up the minutes and send them to my lawyer. My lawyer has contacted her asking for the minutes, but to date we have nothing and this is now coming up to week 5. His lawyer is normally fast.

Should I have signed something at the court?

I feel that my lawyer is trying to nickel and dime me (as most do) so I'm not sure if he is sitting pretty waiting for a trial so he can cash in. I've made it clear I want to settle to avoid costs and asked if we could offer something before settlement. He said it wasn't necessary.
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Old 04-09-2014, 03:51 PM
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Quote:
Came back into the court room and was told he had agreed.
I am confused Little L. agreed to what?

Was there a settlement offer made by your side prior? I read there was not.

Or do you mean the Judge stated their predictions to you both verbally if this was to go to trial and the other party agreed to the judges predictions?

Was any documentation done by the judge or your lawyer even to:
1)Remember what the judges predictions were and agreed to
2)State the other party was to write the minutes up and send them to your lawyer?

No offence but if I spend a whole day in court (especially if I was paying a lawyer) I would not leave that judge without an endorsement written and signed by the judge or the hand written Minutes of Settlement signed by both parties. Faxes are available for use when the other party is not physically present.

There must be some record of this somewhere. Your lawyer should have made sure there was some kind of proof of the days events. I would certainly ask your lawyer to find out (and wouldn't be paying him/her anything) that is part of the fee he/she charged you for the settlement conference.

Quote:
I've made it clear I want to settle to avoid costs and asked if we could offer something before settlement. He said it wasn't necessary
.
You should always try to settle outside of court and make genuine offers to avoid any court appearance. This statement by your lawyer concerns me. It is not necessary but it is in YOUR and YOUR STBX best interest to settle faster and to minimize the legal fees.
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