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prepare my offer to settlement

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  • prepare my offer to settlement

    Hi, guys,

    any format, template, formula, sample

    since the last settlement conference on August 4, 2010, i have not done anything about my case. The same to ex's lawyer. every time i touched this issue, then i feel down and feel the failure of my life.

    during the last settlement conference, the judge said that both sides should try to find out a way to reach an agreement to settle rather than go to trial management conference. so, now i am going to prepare my offer to settlement. however, i do not have clue about "offer to settle", even though i was told that any format can be valid.

    any format, template, formula, sample are needed to initiate my work.

    any information about the above will be appreciated

    poor Nick
    August 28, 2010

  • #2
    That's interesting. I thought that a Settlement Conference should include an Offer to Settle, so I'm wondering why you haven't done one yet.

    Looking at the prescribed forms, Family Law Rules Forms — Ontario Court Services I don't see it, and recall that is rather free form, as you say.


    • #3
      There is an official offer to settle form for small claims court, that is all I was ever able to find. There are some rules for small claims too that specify what a formal offer to settle should include. You might google that and use that as rough draft. Our offers were just letters spelling out what was I was offering. Just make sure you go over everything that is being contested in the application/answer so that you catch every issue.


      • #4
        I put together a sample separation agreement. It's stickied at the root of one of the main forum areas. You could always look through that to get a rough idea of the way to word things.

        Depending on how amicable things are between you and your ex, you might not need to go into the level of detail I put together. (My ex is...ummm... batshit put it politely.)


        • #5
          How about:

          This is an Offer to Settle pursuant to the Family Rules. Summarize your Settlement position to all the outstanding issues.
          1. Custody
          2. Access
          3. .................................

          and so forth...Sign and date the document.


          • #6
            thank you all

            i find out the sample of the separation agreement, which pretty much includes everthing inside, excellent!

            i have already printed it out and i am going to make my 'offer to settle' by follwoing the sample.

            thank you very much

            august 29, 2010


            • #7
              Hi, looking for sample too. Can someone help ?


              • #8
                Looking for sample as well. It would awesome to have a sample of this SC. Please and thank you.


                • #9
                  I would keep the "offer to settle" more simple than a full SA, although I know this is also popular and can lead to less nit picking later.

                  All divorces break down into 4 areas:

                  -Net family property and equalization payment
                  -Custody of children and access to the children
                  -Child support (incl S7)
                  -Spousal support

                  A comprehensive offer to settle would discuss each one. You can list them point form, or you can go into more detail and explain your rationale for why you want to settle the issue in a certain way.

                  An offer doesn't have to deal with all issues. You may be able to settle a few items and then go to court for the remainder.

                  IMO an offer to settle should only be a few of pages long and be fairly general.

                  It is important that offers to settle be signed and dated by both the party and their lawyer.

                  It is also important to indicate if there are any conditions on acceptance, such as a deadline or expiry for the offer.

                  These last two are important for the family law rules if you ever intend to seek costs later should the matter go to trial.

                  Otherwise, it's essentially just a letter. Offers to settle don't form part of the continuing record.


                  • #10
                    SC - Sample

                    Thank you for your reply. This is SC is another meeting between the judge and the parties and it seems that it is the same as the CC. This offer to settle is a bit challenging in situations where it involves equalization and can it not be general instead of coming up with numbers and does it require proof and any evidence?


                    • #11
                      Settle Conference is specifically directed at forcing the parties to settle on as many of the issues as possible. Case conferences sometimes do this but also have other purposes and are more general.

                      It is always cheaper to settle before appearing the judge even for SC.

                      Equalization is in theory the simplest part of the process because it's simple math. However dishonesty and emotions often make it challenging. If both parties have filled in the Net Family Property on the financial statement it should be simple to figure the equalization amount.

                      If one or both parties haven't exchanged completed financial statements yet, your offer to settle can be the following:

                      -Pursuant to the Family Law Act, the parties agree that an equalization payment may be owing. The amount of the payment will be calculated by the lawyers for each party after the parties have disclosed their Net Family Property. The average of the two calculations shall be used.

                      No evidence is required for an offer to settle. In fact, the law states that parties can estimate amounts on their NFP or income as long as both parties agree to use the estimate.


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