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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 12-07-2013, 10:55 AM
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Default Settlement conference briefs and offer to settle

Hello all,

I looked in the archive, but didn't find a "sticky" that deals with the subject title. I have a settlement conference next month, am self representing with 90% of the issues already resolved e.g MH, kids, household items, child support, with just spousal support to settle.

I did find very useful info with regards to SS in the link below

http://www.ottawadivorce.com/forum/f...ump-sum-16701/

For the upcoming settlement conference, if an offer to settle is made for SS, what is usually a typical time/limit worded into the offer to say when it is good till i.e. if not accepted it will become null and void after a certain period?

TIA
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Old 12-07-2013, 11:27 AM
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COURT FILE NUMBER
COURT
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT Formal Offer to Settle

ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY MAKING THIS OFFER

NOTICE TO PARTY RECEIVING ORDER

You have received a formal offer to settle.
Go to the end of this document to see what the consequences are if you fail to accept this offer.

Party making the offer:
To whom the offer is made:

What the offer is:

1. Spousal support shall be adjusted so that the Defendant?? shall pay to the Plaintiff $$$$$ per month plus $$$$ towards arrears in monthly spousal support commending and retroactive to [date] pursuant to the divorce judgement in this matter. [this part is likely not relevant to your situation but you would insert lump sum amount in here if that is what you are offering]

Conditions attached to the offer:

2.

Interest:

(a) is not included in the amount of the offer
(b) if not included, from what date and at what rate is is payable

Costs:

(a) are not included in the amount of the offer:
(b) if not included, the amount or scale of costs and the date to which they are payable: Column 1 Schedule C to the date of acceptance of this offer.

Requirements that must be complied with to accept the offer:
5. Signing the attached consent order, execution of the affidavit of execution and filing of the attached consent order.

Form of acceptance of the offer:

6. Form of acceptance is attached.

Expiry date of this offer:

WARNING: If this formal offer of the plaintiff is not accepted and subsequently the plaintiff obtains a judgement or order in the action that is equal to or more favourable to the plaintiff than this formal offer, the plaintiff is entitled to double the costs to which they would otherwise have been entitled for all steps taken in the action in relation to the action or claim specified in this formal offer, excluding disbursements, after service of this formal offer.


[I am not sure if this is what you were looking for. Be sure to check your Provincial Rules of Court - this is a typical sort of offer format that my lawyer has used. It is imperative that you familiarize yourself with the proper manner in which you have to provide service for a Formal Offer to Settle.}

Last edited by arabian; 12-07-2013 at 11:39 AM. Reason: typos
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Old 12-07-2013, 01:58 PM
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arabian....tks for the post, appreciate it a lot.

I am in Ontario by the way, and after reading the link above, I won't be going down the month payment route for SS (if at all there is any entitlement). The marriage is an 8yr one with both spouses having worked during the time.

Also...since this is for a settlement conference, shouldn't the offer to settle include a date and time for expiry?
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Old 12-07-2013, 02:33 PM
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If you look about the "warning" at the end of the page you will see "Expiry date of this offer."

It is very important for you to check your provincial rules of court.
Also important to read up on how to properly serve the Offer to Settle.

You allege that your spouse may not be entitled to SS. You do realize that the onus is on her to prove entitlement? There is plenty on this forum about that for you to read if you haven't already. 8 yrs would possibly be considered a short-term marriage. Read the Spousal Support Advisory Guidelines. Consider the rule of 65 if you haven't already. Once you mention SS in your negotiations you are pretty much admitting to it though. Be careful.
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Old 12-15-2013, 08:46 PM
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Quote:
Originally Posted by arabian View Post
If you look about the "warning" at the end of the page you will see "Expiry date of this offer."

It is very important for you to check your provincial rules of court.
Also important to read up on how to properly serve the Offer to Settle.

You allege that your spouse may not be entitled to SS. You do realize that the onus is on her to prove entitlement? There is plenty on this forum about that for you to read if you haven't already. 8 yrs would possibly be considered a short-term marriage. Read the Spousal Support Advisory Guidelines. Consider the rule of 65 if you haven't already. Once you mention SS in your negotiations you are pretty much admitting to it though. Be careful.

Rule of 65 does not come into play in the scenario.....

Good point you make about staying mum on the SS

I ask about the expiry date and time for settlement offer because I have heard people say they gave a certain amount of time for the offer to be accepted

Again, the offer is for settlement conference purposes
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Old 12-18-2013, 05:20 PM
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Does anyone have first hand experience on how the courts have dealt with joint line of credit tying two people together after everything else has been sorted out?

We've approached the bank, and they will rather chase two people than one, which makes perfect sense but the issue here is that the other party can't qualify for half of their joint LOC, and nobody wants to be chasing the other for their share every month
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Old 12-18-2013, 08:20 PM
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Quote:
Originally Posted by sioux View Post
Does anyone have first hand experience on how the courts have dealt with joint line of credit tying two people together after everything else has been sorted out?

We've approached the bank, and they will rather chase two people than one, which makes perfect sense but the issue here is that the other party can't qualify for half of their joint LOC, and nobody wants to be chasing the other for their share every month
That is one of those situations where usually the house is sold so that the joint debts are first paid off, and the remainder is split. Are there any other assets that can do that instead, if you can't sell the house? Instead of one person paying the other their half of a pension, they take on the whole joint debt? That sort of thing?
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Old 12-18-2013, 08:31 PM
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Is the LOC currently secured or unsecured (by way of a mortgage)?

Perhaps your ex can get a cosigner? (doesn't hurt to explore this option with a carrot .... you could reduce the amount)

What do you mean by "can't qualify?" Poor credit rating, unacceptable debt ratio?

Last edited by arabian; 12-18-2013 at 08:43 PM.
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Old 12-19-2013, 08:46 AM
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Quote:
Originally Posted by arabian View Post
Is the LOC currently secured or unsecured (by way of a mortgage)?

Perhaps your ex can get a cosigner? (doesn't hurt to explore this option with a carrot .... you could reduce the amount)

What do you mean by "can't qualify?" Poor credit rating, unacceptable debt ratio?
The LOC is unsecured. There is currently no mortgage in the picture, we are both living in separate residences.

By "can't qualify", I mean poor credit will impede the other party
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