Signing Separation Agreement

[Free-spirit]

Quick facts:

1. A verbal agreement has been in place for over the last month with the promise the paper would arrive ever since for me to sign.
2. After the threat of a case settlement from my end (the second time in fact), a response from his lawyer finally came saying his financial situation has changed since the case conference (Dec '09) and he is trying to get a loan to cover the agreement.
3. From past history, I have the feeling this is yet another stalling tactic on their behalf (I know for a fact he can get the funds easily). I am looking to settle this matter asap and tired of the passive attitude.

Question:

I still want to have this agreement signed by the time I suggested to his lawyer (I gave them a five day limit which expires this Friday). Is it unreasonable for me to insist that the agreement be signed and witnessed by the time line I set out for them? I strongly feel it should be as then this will be a binding agreement and if he does not get the funds I have this agreement to enter into evidence if it ever goes back to court. Do I have the authority (I am self-representing) to tell his lawyer this must be done? Can I force this issue?

[Mess]

No one can force anyone to sign a contract, including a settlement agreement. You can go to court and a judge can make a series of orders that amount to the same agreement, but a judge cannot force him to sign. No one can.

What you have the right to do is say that the offer expires in 5 days. That isn't necessarily a good idea. If you go forward in court, you want costs, so you want an offer in play.

I have read that costs can still be awarded based on the total history of negotiations, if you have made a series of reasonable offers for example. But having a reasonable offer in play at the time of even the next conference makes it clear cut simple.

So it is your call. He is stalling because he knows he can. Your best pressure is to tell him you will seek costs at the next conference. The fact that he gave agreement to sign makes it look very bad on him.

If he has genuine problems raising funds, he could sign but ask for a clause granting him an extra 30 days or whatever.