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Old 03-13-2017, 06:12 PM
SingleinON SingleinON is offline
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Question Offers Via Email

Hello Everyone

Just curious to know whether agreements made via email are legally binding.

Both my ex and I (who were in a common law living situation for 10 years) agreed to make settlement offers back and forth through emails. We were looking to be amicable and be mindful of our lawyer costs as neither one of us have the resources to go the lawyer route.

There were no other items to be covered as there weren't any children from our relationship and the other details have already been taken care of (she got the cat).

It has now come down to the house we purchased together with me looking to buy out her share. Our agreement was: Once an offer came through that either one of us felt was fair we would consult with a lawyer and seek council about whether they thought the offer was in our best interest.

My offer was reviewed by her lawyer and I received an email from her lawyer advising me that my ex accepted my offer to buy out her share of the house and for some reason an email from my ex agreeing to the same offer.

I'm assuming that using the one from her lawyer would likely be the one to file with the courts as that would indicate that she has sought legal council but now I don't know how to proceed.

Once I get finished with this side job I will be able to consult with my lawyer but just wanted to know my next steps as it might be a week or two before I finish this reno and get paid and I wanted to have the forms ready so I could just go to the court and file since I'd already have taken the day off work.

I was advised by a friend who works in a Civil Litigation office that I need to file a "Minutes of Settlement". Is this true for Family Law? Or is there another form I should fill out and attach the email correspondence to it?

I've searched the internet and have found information on both topics I've brought up here but nothing specific to my situation.

I didn't place a time limit on the offer as sometimes days or a week or two would pass before one of us would check our email and respond back to the other. So does that mean that the time limit to follow up is unlimited as one wasn't imposed on hers or her lawyers emailed response?

All help is appreciated.

Thank You
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common law, offer to settle

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