Announcement

Collapse
No announcement yet.

Settlement Conference question

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Settlement Conference question

    Errors on Equalization of Family Assets form have been found and reported to husband's lawyer who refuses to present a corrected one. The main amount in dispute refers to my pre-marriage pension value which was omitted completely by them and separation date pension value which is incorrect.

    I am scheduled for a Settlement Conference next month and am self-represented. How do I bring this to the judge's attention since based on my husband version I owe him $1,000. based on my version, he owes me $40,000. Errors can be substantiated by the actuary report for my pension.

    Thanks for any info given

  • #2
    Simple, make a correct version and attach to an affidavit and serve then file into the record. In your own brief, refer to the this document and their descrepency. This sort of puts egg on the face of the other side.

    lv

    Comment


    • #3
      one more question

      Thanks LV. Since my Brief has already been served and filed back in December BEFORE I received their incorrect financial statements. How can I now add to my Brief to refer to your suggested Affidavit? In the Affidavit do I just state that errors were found and here's the corrected version or do I also mention that Opposing Counsel was advised and refused to send me a corrected statement?

      If you are wondering about the delay from December filing to Settlement Conference next month....Last October, the Master ordered that a Settlement Conference Brief be served and filed within 30 days after the Case Conference and that we attend mediation. The master advised husband not to leave the country again. Husband left country for 7 months after the first mediation session where nothing was resolved. Now that he is back, Opposing Counsel has set the Settlement Conference date for next month.

      Thanks
      Lee

      Comment


      • #4
        Originally posted by lee
        Thanks LV. Since my Brief has already been served and filed back in December BEFORE I received their incorrect financial statements. How can I now add to my Brief to refer to your suggested Affidavit? In the Affidavit do I just state that errors were found and here's the corrected version or do I also mention that Opposing Counsel was advised and refused to send me a corrected statement?

        If you are wondering about the delay from December filing to Settlement Conference next month....Last October, the Master ordered that a Settlement Conference Brief be served and filed within 30 days after the Case Conference and that we attend mediation. The master advised husband not to leave the country again. Husband left country for 7 months after the first mediation session where nothing was resolved. Now that he is back, Opposing Counsel has set the Settlement Conference date for next month.

        Thanks
        Lee
        AN affidavit will seldom be refused so as I recommended earlier attach your version to same and serve on the opposing party or their solicitor then file into the record.

        Step 2 - On your 14C Confirmation filed at least 2 days before the Settlement Conference - State the discrepancy and refer to this new affidavit and your version of the particular document. Remember that the 14C is only given to the Registrar!

        Step 3- At the Settlement Conference, State verbally the discrepancy of their particular document. Also try to refer the Judge attention to such! in a verbal manner. Its more difficult to wing it, but if you do all of the above, you sure are putting egg on the opposing side's face and by doing so have them come clean rather than demonstrate that they are untruthful.


        lv

        Comment


        • #5
          Offers and counteroffers

          LV, I have followed your suggestion and filed an Affidavit explaining the discrepancies on the financial statements. Three days later I received new financial statements which still had inflated expenses but corrected incomes. The Net Family Property section was left blank of descriptions and all columns showed 0.00 for value. No 13B was attached. The issues are permanent Spousal Support, Equalization of Family Property.

          An offer was attached which I couteroffered by e-mail July 22 and was the same as an offer I faxed June 10th. Here I sit 7 days before the Settlement Conference (August 8) his lawyer sends me an e-mail yesterday asking for another copy of my Counteroffer?????? Should I send it again or just wait for SC to deal with this?

          As far as process is concerned, If I send him another copy and my husband accepts this counteroffer what happens next? Does he have a time limit to accept the counteroffer?

          Does the Settlement Conference get cancelled? If not, should I still fax my confirmation to attend by Wednesday? Does his lawyer write up the Settlement Agreement and present it at the Settlement Conference or do I have to deal with with the agreement before SC? Do I have to be at the SC? (I worry he will cancel the SC and I will have to wait another year again - 2 years into it now!) I have searched everywhere for information on my many questions but could not find anything. I appreciate your help!
          Lee

          Comment


          • #6
            Lee,

            A few key things to keep in mind. Any offer attached to a Settlement Conference brief is given no consideration if the matter is further litigated and when it comes down to awarding costs.

            Anything said or evidence submitted remains in confidence to the Settlement Conference.

            However, submitting the truth or corrected documents into the record by way of affidavit is open. If anything, attach your offer to an affidavit and serve/file appropriately into the record.

            When attending the Settlement Conference, ask the Judge to order that they file full and complete financial disclosure. Explain to the Judge that you require the complete information to assess further fair reasonable Settlement. I think you will have no problem obtaining such a procedural order.

            Most of all, relax! The Settlement Conference is designed to get the parties together. To me more or less the Judge wears the mediator hat. Both parties have to come in with good faith and be prepared to negotiate.


            lv

            Comment

            Our Divorce Forums
            Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
            Working...
            X