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  • Has Anyone Made An Offer to Settle?

    If you have made an Offer to Settle, or had one made by your lawyer... can you please PM me. I would like your input. Thank you kindly in advance.

  • #2
    I sent you a note.

    I sent her a separation agreement on amounts that we had agreed on previously.

    Unfortunatly, she started listening to coffee chop chatter and advice, and decided that she wanted to clear me out, she decided that if I was not poor, that she had basically lost.

    So, it was an unsuccessful offer, however, I can use it if we ever go to court. I can prove that it was a very fair offer and it could have been a perfect starting point to negotiate if she wanted to. I believe that that would save me from paying her legal fees if we do make it that far.

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    • #3
      My lawyer and I prepared a 6 page detailed settlement proposal (based on what I know and he did not disclose) and we've been waiting for a reply for almost 2 months. We've now given him 2 weeks to give us a constructive response or we are going to Discovery.

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      • #4
        Basically, I'm just lost as to the format.... what information an offer to settle must contain... etc. I cannot find any templates or examples online.

        Obviously, it needs the following:
        - Title: Offer to Settle
        - Who is making the offer
        - To whom the offer is made
        - The date it expires
        - Signature of person making the offer
        - What is being offered

        Most importantly, do reasons for the particular offer need to be listed? (As in the "facts" in my 'Offer to Settle Transportation' thread.) Can there be options? (As in, the "offerer" is agreeable to settle issue A in one of the following ways...)

        Is there anything else that needs to be enclosed?

        I would love to see a sample... just to know how to write it... what terminology to use (actual names or Respondent/Applicant as you would write in a conference brief - does it even matter?)... etc.

        Is it possible/a good idea to make an offer before a settlement conference? How long before the conference should the offer be made?

        Any advice would be great! Thank you so much!

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        • #5
          My offer to settle was basically a listing of assets and liabilities as I know them to be. There were certain assets that we given a value amount and what I would compromise at for the sake of settlement. We did not include a specific date (which was a mistake because he just ignore). We included several options as how to settle trying to give him the flexibility to get as much of what he wanted out of the settlement as possible. Basically, dangling the carrot at the end of the stick--he still refused to bite. So now we are down to the ultimatum of: respond by a certain date or we go to trial.

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          • #6
            I have a file on my computer regarding settlement offers and that they should be marked as "without prejudice" so that nothing in the offer can be used against you!

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            • #7
              All of my lawyers correspondence have "Without Prejudice" on them. Our settlement offer is basically just a listing of assets--property, vehicles, corporate business involvement, investments, insurances, pension plans, etc. with a value attached to them. Also a list of liability amounts. Then it's basic accounting of assets minus liabilities equals equity. The equity is divided in half and that is what each person should get from the divorce. If one party wants the whole asset (such as the property) then they must buy out the other party for half the net value; i.e. Appraised value minus mortgage amount divided by half. And of course if one person wants some of the assets in whole and the other person wants other assets in whole, those dollar amounts can be worked out to see if its' a "wash" or if one person owes the other some cash. As for the small stuff (household basics and furniture, etc.) I prepared a "Division of Negligable Assets" list for each of us. This does take time, and is best done with the attitude of what is important to each of you. It will do no good at all to put items on your list that you know the other wants, just because they are of some value (or to piss them off). My lawyer and I put together a fair, honest, accountable offer, and if my husband doesn't want to see it for that, or negotiate on that, a Judge will definately see the merits.

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              • #8
                Thanks for the info. It all makes sense... for a divorce case. That is the problem my husband and I run into most often. Almost all information is geared towards divorce cases. My husband was never married/in a relationship with the mother of his child. They knew each other no longer than one night. When we deal with family law matters, it's only with regards to child support and access. Nothing more.

                I will add "without prejudice" on the offer to settle.

                Again, any thoughts on how early before a settlement conference to send the offer?

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                • #9
                  Originally posted by #1StepMom View Post
                  Thanks for the info. It all makes sense... for a divorce case. That is the problem my husband and I run into most often. Almost all information is geared towards divorce cases. My husband was never married/in a relationship with the mother of his child. They knew each other no longer than one night. When we deal with family law matters, it's only with regards to child support and access. Nothing more.

                  I will add "without prejudice" on the offer to settle.

                  Again, any thoughts on how early before a settlement conference to send the offer?
                  Hi #1StepMom,

                  I was in the same position as your husband; my son was the result of a brief relationship and our entire court proceedings were dedicated to child support and access.

                  The "without prejudice" is a good idea because it will limit the chances that anything that was a part of your offer could be used against you eg. his ex taking parts of it and suggesting that they should be made final because he was already agreeable to them.

                  With regards to my case, my sons' mother actually accepted my offer to settle. There are specific timelines around when the documents have to be filed with the courts and I found that the lawyers tend to try to wait each other out...if they file at the last minute, the other party does not have an opportunity to file a reply. I believe the documents have to be filed a week ahead of time; my lawyer included mine with our updated settlement conference briefing. They actually accepted it in the courthouse, prior to the settlement conference. At that point, everyone signed it and the judge made it into a final order.

                  If you're doing it yourself, just double-check the timelines. Submitting an offer to settle is great; if they decline and your husband ends up being awarded what he offered (or something similar) you could end up winning costs.

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                  • #10
                    I have slightly different opinion. If you truly believe your offer is very reasonable and that a judge will more likely side with you then mark it With Prejudice instead. It will scare the s*** out of them because family law is all about bluffing.

                    There is no format of offer to settle and that is based on my own experience. It could be a plain letter to the other party with what you are offering(there could be mutlple options though). I wouldn't waste time on reasoning out the offer because if she had agreed with your reasoning you wouldn't be in the court at first place.

                    Also, make sure you talk about the costs to close any chances that she might bring another motion for costs after the settlement. Example: "both parties shall bear their own legal costs" or "A will reimbuse B upto x amount of dollars to conver the costs".

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                    • #11
                      Thanks guys. So should costs be included in the offer to settle?

                      Comment

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