Announcement

Collapse
No announcement yet.

Offer To Settle

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Offer To Settle

    Morning everyone;

    I am thinking of doing an 'Offer To Settle'.

    Can anyone provide examples of what would be stated in this?

    Has anyone had positive results from doing this?

    Are the negative ramifications from this?

    Thanks in advance,

  • #2
    I'm sure you'll get other useful responses as well, but first:

    Courts of Justice Act - O. Reg. 114/99

    Those are the Ontario Family law rules. See section 18. Offers to Settle

    Basically, just outline your points that you want to settle on. There is no official format. Perhaps others will provide examples of what they did?

    Positive results from doing this? I'm sure some people have had them. The other party may find your settlement to their satisfaction, so you can settle, and avoid further court action.

    The negative ramifications from this? I can't think of any, if you are able to get things settled. I suppose, if you settled on points, that you really can't live with. That would be negative, I suppose. Generally, it's always good to settle if possible.

    If you make reasonable offers to settle, prior to court, and you can't settle before court, then at least those offers can be used, to determine any court awards/costs, for having to go to court.

    Comment


    • #3
      Be sure to see the rules for an Offer to Settle. There are certain rules/points to have it considered valid. ex. You must sign and date it. Send or serve the "offer to settle" onto the other party, via a proper verifiable method. ex. Registered mail.

      Comment


      • #4
        I sent several offers to settle.

        They were written just like my claim in court

        The party offers to settle all (Or part) of the matters before the court (File #).

        Parenting

        1. The parties are to have shared custody in regards to health, education, religion

        2. The parties will operate on a shared 50/50 access schedule
        a) The Mother will have xxxxxxxxxxxx
        b) The father will have yyyyyyyyyyy
        c) The parties will alternate weekends.

        3. Child support will be determined using the CSG and calcuated based on the offset method.

        a) THe mothers income is X her table amount is y
        b) The fathers income is y his table amount is z
        c) The offset child support paid will be z - y.

        My offers included settling our property issues.

        Offer A
        The father will buy the mother out of her share of the matrimonial home (NFP numbers) will be the equalization payment

        Offer B
        The mother will buy the father out of his share of the matrimonial home (NFP numbers) will be the equalization payment

        Offer C
        The house will be sold. The proceeds will be split as follows (NFP Numbers)

        It does not need to be details you can work it out later.

        My ex never responded to any of my offers nor sent her own.

        However 1 week before my long motion she asked to have a 4 way meeting and my offers were basically what was agreed upon and I avoided the motion.

        The offers also stated that the offer was valid until 1 minute following the commencement of any court action motion/trail pertaining to any of the items in the offer. It also said it was valid until such time as it was withdrawn in writing.

        Follow the rules. Send as many offers as you need, in my case they were multiple alternatives I was willing to accept.

        Best of luck.

        Comment


        • #5
          As an aside....weird...the forum says "oink" last added to this thread just after 10amEST today, but the last post is really from FB_ before then?

          Comment


          • #6
            Oink did post.

            I read it

            I've noticed other abnormalities today.

            One thread had 1 post on page 5 but listed a page 6. When I clicked page 6 it went to page 5.

            Comment


            • #7
              Originally posted by FB_ View Post
              Oink did post.

              I read it

              I've noticed other abnormalities today.

              One thread had 1 post on page 5 but listed a page 6. When I clicked page 6 it went to page 5.
              I'm thinking it looks like Oink finally imploded.

              Back to the original topic: you have everything to gain by making an offer to settle, and nothing to lose.

              Make your offer, using the approved format, outlining what your preferred outcome would be. Be fair and reasonable.

              Your ex will either accept it (yay!), begin negotiating (also good) or reject it and need to be taken to court (boo, but you can hopefully get your costs paid for because you made a reasonable offer to try to avoid court).

              Comment


              • #8
                I never saw it, and still don't. I haven't noticed the "page number" problem today, but I do see some threads, that say "oink" was the last update on the thread, but he's not? Weird.

                Comment


                • #9
                  Oink has been given a vacation.

                  His posts are no longer visible, which makes threads shorter, which causes page number discrepancies.

                  It should all settle down.

                  Comment


                  • #10
                    Originally posted by Mess View Post
                    Oink has been given a vacation.

                    His posts are no longer visible, which makes threads shorter, which causes page number discrepancies.

                    It should all settle down.
                    I hope you sent him somewhere nice for his vacation

                    Comment

                    Our Divorce Forums
                    Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                    Working...
                    X