Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 04-22-2020, 12:14 PM
guydeluxe2018 guydeluxe2018 is offline
Member
 
Join Date: Apr 2020
Location: Ontario
Posts: 56
guydeluxe2018 is on a distinguished road
Default Severable offer to settle vs non-severable

My ex-wife Lawyer presented me with an offer to settle, in it, she excluded some of the clauses we had agreed on earlier in the day over the phone.

I presented them with a counteroffer, 3 days later the lawyer asked me if my offer was severable or not? and I told her it was not severable, immediately she told me their offer is severable; when they gave me their offer they never mentioned that their offer was severable.

I currently do not have a lawyer and I plan on getting one once my ex decides to go trial; I have been using unbundled services for the drafting of my counteroffer.

Can you please advice on the difference between severable vs non-severable, and the best route to follow, can I also withdraw my offer to settle and present them with another offer; they have not accepted or rejected it?
Reply With Quote
  #2  
Old 04-22-2020, 12:32 PM
Janus's Avatar
Janus Janus is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,735
Janus will become famous soon enoughJanus will become famous soon enough
Default

Imagine a hypothetical offer to settle:

a) Mom gets the kids 100% of the time
b) House is sold, proceeds are split 50-50
c) No spousal support


If the offer is non-severable then you must accept all 3 clauses, or none of the clauses. You cannot "sever" one clause away from the others.

If the offer is severable then you can accept or reject clauses independently. For example, you might agree to "b" and "c", but not agree to "a".

Generally, severable offers are better to make, because non-severable offers usually have at least one objectionable clause that will scuttle the deal. However, severable offers are risky to make, because you might be compromising, but they will take the clauses that they like and fight over the rest.

Remember, offers to settle are binding. I would definitely pay a lawyer to look over any severable offer you intend to send because those can backfire horribly.
Reply With Quote
  #3  
Old 04-22-2020, 12:58 PM
guydeluxe2018 guydeluxe2018 is offline
Member
 
Join Date: Apr 2020
Location: Ontario
Posts: 56
guydeluxe2018 is on a distinguished road
Default

Thank you so much
Reply With Quote
  #4  
Old 04-22-2020, 01:55 PM
Kinso Kinso is offline
Senior Member
 
Join Date: Sep 2015
Posts: 406
Kinso is an unknown quantity at this point
Default

Severable offers are helpful in cost submissions. If you go to trial and match or 'beat' your offer to settle, then you are supposed to get full indemnity cost (it's rarely a true 100%). But it generally increases your costs award.

However, if you make your offer non-severable, then it's harder to 'beat' the offer, as you might win on 3 issues but lose on 2. If that happens you will not have 'beaten' your offer and it may not be fully relied on in costs submissions. If the offer is severable, you can certainly ask for full costs on the issues you 'won'.
Reply With Quote
  #5  
Old 04-22-2020, 04:19 PM
guydeluxe2018 guydeluxe2018 is offline
Member
 
Join Date: Apr 2020
Location: Ontario
Posts: 56
guydeluxe2018 is on a distinguished road
Default

Thank you so much, that was helpful, I will withdraw my offer, tweak it and make it severable, much appreciated
Reply With Quote
  #6  
Old 12-15-2021, 08:13 AM
416excouple 416excouple is offline
Junior Member
 
Join Date: Dec 2021
Posts: 29
416excouple is on a distinguished road
Default

Quote:
Originally Posted by Janus View Post
Imagine a hypothetical offer to settle:



a) Mom gets the kids 100% of the time

b) House is sold, proceeds are split 50-50

c) No spousal support





If the offer is non-severable then you must accept all 3 clauses, or none of the clauses. You cannot "sever" one clause away from the others.



If the offer is severable then you can accept or reject clauses independently. For example, you might agree to "b" and "c", but not agree to "a".



Generally, severable offers are better to make, because non-severable offers usually have at least one objectionable clause that will scuttle the deal. However, severable offers are risky to make, because you might be compromising, but they will take the clauses that they like and fight over the rest.



Remember, offers to settle are binding. I would definitely pay a lawyer to look over any severable offer you intend to send because those can backfire horribly.
How do you state in an offer to settle that the offer is severable. Is it just a paragraph at the top/bottom e.g. " ...each of the four parts A, B C,D are severable from each other" . What is wording to use?
Reply With Quote
  #7  
Old 12-15-2021, 12:53 PM
mafia007's Avatar
mafia007 mafia007 is offline
Senior Member
 
Join Date: Nov 2014
Location: Ottawa
Posts: 340
mafia007 is on a distinguished road
Default

... terms in this offer are independent of one another (Severability Clause) so that they can be accepted separately by the opposing party.

Last edited by mafia007; 12-15-2021 at 12:55 PM.
Reply With Quote
  #8  
Old 12-15-2021, 01:57 PM
416excouple 416excouple is offline
Junior Member
 
Join Date: Dec 2021
Posts: 29
416excouple is on a distinguished road
Default

Quote:
Originally Posted by mafia007 View Post
... terms in this offer are independent of one another (Severability Clause) so that they can be accepted separately by the opposing party.
Very well, thanks again 007
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Advice for Settlement Conf TheLongRoad Divorce & Family Law 12 01-20-2020 08:11 PM
Offer to settle, parenting plan and proposed order WorkingDAD Divorce & Family Law 3 04-03-2013 08:14 AM
how to deal with ex's offer to settle nick2009 Divorce & Family Law 19 09-20-2010 10:47 PM
Offer to Settle Transportation - What Are Our Chances? #1StepMom Divorce & Family Law 6 10-30-2009 05:27 PM
Offer to Settle Child Support - Is This Fair? #1StepMom Divorce & Family Law 4 10-27-2009 07:50 AM


All times are GMT -4. The time now is 03:29 AM.