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  • Offer 2 settle

    Good evening,

    I think I did see this here before, but can't seem to find now. I am looking for the offer to settle template as well as recommendations what to put and what not to put there i.e. level of a detail.

    I do understand that best course is to discuss it with other side, but ex refuses talking out of court even with her lawyer present. She did mention she will consider an offer to settle from me in writing - it could of course be just a trick to drive up my legal costs on preparing offer, and then she will just ignore it completely.

    Thank you for your advise.

  • #2
    I don't believe anyone shared a template. There is an area in the settlement conference brief to put your offer or you can simply put it in a letter by numbered bullets.

    What goes in it is dependent on your case and what you want. For instance if this is only financial, you lay out the financial terms. If it involves multiple themes (support, custody, equalization) you break each down under a separate heading.

    As for detail…that too is dependent on your case but you don't want to get mired in the details too much. If something isn't enforceable, there's no point but if it is something that will result in conflict, sort out the details. I highly recommend making the details difficult to dispute. For instance, parenting time ends at 8 am Mondays for days when there is no school or when the children are dropped off at school and parenting time begins at 3 pm on days with no school or when school ends for the day. Or for support, the parties will provide their notice of assessment each year on June 1 and update support accordingly or, should either party experience a change in income outside of the June 1 update, they will advice the other party accordingly with proof of the changed income at which time support will be adjusted.

    Etc.

    Comment


    • #3
      Right, I do remember in SC there was a section to settle, but maybe there is a standard form for offer to settle without even going to SC, not making brief etc. I do see there is a form 14A - don't know if it is applicable to FC. I'll ask a lawyer, but thought someone can share feedback going this route (unless I am mistaken of course and there is no such route).

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      • #4
        You could use that form.

        Comment


        • #5
          I would make a severable offer to settle. Make sure you are ok with each letter if the ex accepts that letter and rejects everything else.

          eg.

          Can pick A or B or none

          A) Custody: 50% time, following the 2255 schedule (details included here, which days, when it starts etc.)

          B) Custody: 50% time, following a week about schedule


          Can pick C,D,E, or F or none

          C) Holidays: Mother's Day and father's day only, details. Otherwise they fall as they do.

          D) Holidays: MD, FD, Christmas option Home (eg. applicant gets eve in odd years, respondent in even years)

          E) Holidays: MD, FD, Christmas option Forum

          F) Holidays: MD, FD, Christmas, any other holiday that you want to create stress about instead just celebrating with the kids on a different day like an adult.

          Can pick G or H or none

          G) Spousal support: $500/month for 10 years

          H) Spousal support: $800/month for 5 years

          Can pick I or none

          I) Child support: Each will pay a sum of $0 to the other.

          ... then you go to trial about each section where the ex picked none of the options.

          Be extremely detailed. For custody, if you do not know where the kids will be at 10:03am on April 17th, 2026 and July 18th, 2027... then your agreement is not sufficiently detailed.

          Comment

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