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  • Input Needed for Brief...Urgent

    I am currently working on a settlement conference brief happening soon. The other party (respondent) was the one that scheduled this.

    The main issues outstanding from my initial application are as follows:

    1. Joint LOC
    2. Divorce (which both party have consented to)

    In the SC brief itself, do I really need to give the Justice a background history of both parties and how they met? I know there is a section where I have to mention issues that have been resolved thus far, and the another section for what is outstanding

    With regards to the divorce, can I mention that both party at CC consented to a divorce, and should I serve the other part as part of my docs the divorce form requesting a signature?

    Now in my offer to settle, here is what am thinking with regards to settling the LOC issue:

    - Both parties go into the bank and qualify for half of the LOC debt?
    - Respondent goes in and qualify for whatever amount they can, and the applicant takes on the rest
    - Open to any suggestions from the forum

    Now these remainder issues are part of what I put in my original application.

    The respondent has their own claims, which I have never acknowledged in any of my responses....the usual Spousal Support being one of them

    As Arabian (she should know) mentioned in a number of threads to others, "don't bother get caught up in the claim for SS, don't acknowledge / respond to it in your documents...this has been my stance from the start

    So....advice and suggestions welcomed for completing my SC brief and offer to settle form

    TIA

  • #2
    If the other side is suppose to take on half the LOC, and they don't qualify for any loan then your willing to take on all of it?

    Comment


    • #3
      1. What is the status of the rest of your equalization? If all that existed was the LOC and no assets, then of course you should split it 50/50.
        If there is other equalization outstanding, then you could absorb some or all of the LOC, but receive the same amount back through the equalization payment.
        Without knowing the rest of the situation it is hard to answer. But for example, if you owe her a comparable amount from pension, equity in the house, etc., then just take on the extra debt and also get a higher share of the assets.
      2. The divorce should be the last item in the brief. You shouldn't need to detail all of your romantic history, but you should have a copy of the marriage certificate available, since this is required to issue a divorce certificate. If all else is settled, the judge at the conference can sign a divorce order along with the minutes of settlement.
        Putting it in the brief will put it on the agenda of the conversation, but it won't mean anything if you don't reach a settlement.
      3. The "remainder issues" aren't trivial; they have to settled if you want to have a hope of finishing things at this conference. She is already putting SS on the agenda; you should make no more than a sentence in response stating your position and why. Keep your brief brief.

      Comment


      • #4
        Thanks for the replies thus far on here and via PMs everyone....you can see why I couldn't divulge much info in the thread, but you get the overall picture.

        My offer to settle has three different flavours of beyond reasonable offers, I include that they will remain in place until 1 minute before a potential trial, and of course am asking for costs.

        Just putting finishing touches to the work now

        Comment


        • #5
          Don't forget to add or until withdrawn in writting.

          Comment

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