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  • Offer to settle

    Background:
    common law relationship, no separation agreement, ever.
    in court now, not entirely sure what the motive of applicant is.

    Can a draft separation agreement be used as the settlement offer at the settlement conference?

    self representing, cannot afford a lawyer.

  • #2
    An offer to settle can be used as an offer to settle.

    Look at family law rules re: offers to settle.

    Comment


    • #3
      I have, extensively.

      Comment


      • #4
        Well all the information is there.

        Your draft separation would have to contain all the info in the offers to settle section to be considered an offer to settle.

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        • #5
          I guess before anyone can offer any input certain facts would need to be disclosed.

          Main question being, WHAT exactly are u being taken to court for?

          Comment


          • #6
            Actually, his question was not for advice on what he is being taken to court for. It was if he could use a draft agreement as an offer to settle. Not sure why more input would be required to answer his question.

            Comment


            • #7
              To me the word DRAFT means just that ... Ex and I bantered back and for "negotiating" issues, numerous "draft" agreements were sent back and forth ... Meant SQUAT ... UNTIL a FINAL SA was "signed" by both parties and signed off on by respective lawyers and finally filed with the courts.

              I stand by my enquiry as to "what" he's all of a sudden being taken to court for. If for example during the early stages of separation the ex said she wouldn't pursue CS and now decides they want it then my answer will be totally different than if in this draft separation the ex said the OP could have all household furniture

              Comment


              • #8
                To me the word DRAFT means just that ... Ex and I bantered back and for "negotiating" issues, numerous "draft" agreements were sent back and forth ... Meant SQUAT ... UNTIL a FINAL SA was "signed" by both parties and signed off on by respective lawyers and finally filed with the courts.
                The draft agreement could also be what he wrote up without her consultation... maybe she hasn't even seen it yet.

                I stand by my enquiry as to "what" he's all of a sudden being taken to court for. If for example during the early stages of separation the ex said she wouldn't pursue CS and now decides they want it then my answer will be totally different than if in this draft separation the ex said the OP could have all household furniture
                If she said she didn't want CS then and wants it now - more than likely she will get it. Why, because it is the child's right. Honestly, I don't even understand your example.

                But here is the answer to the OP's question:

                To make any document a valid offer to settle you must sign it and serve it correctly. It must have a date. It must be served so many days before trial - all this is in the rules. Take a few minutes and read it slowly... ask a friend to help you. If you put these elements in your document then yes, it becomes an offer to settle.

                To use it for costs in court, it must remain valid until the commencement of the court session. Again, all this is in the rules.

                If you are looking for advice on "what you are all of sudden being taken to court" as Dunn Mom is inquiring, I suggest you commence a new thread for that purpose and structure your questions a few at a time. It's easier for people to help you that way and structuring your thread with an appropriate title lets others know if they should be looking at that thread or not

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                • #9
                  Hi there,

                  Sorry I am quite leery about putting too many details out there. This is the internet after all and you never know who is reading what.

                  Background:
                  Application started when dad started paying table amount child support. He was paying on an agreed amount prior to that, but reduced it to table amount due to being on LTD and his line 150 indicated he could reduce it by about 750. She started an application seeking table amount.
                  Also wants sole custody, section 7 expenses, spousal support, retro spousal and retro CS.

                  Hoping that by putting everything into a draft separation agreement as part of the offer to settle, that it will stop the constant back and forth.

                  Comment


                  • #10
                    Hi

                    It's a very good idea to write and deliver an offer to settle. If things go on ridiculously, as family matters often do, and remain unsettled months later, then another offer to settle might be a good idea if circumstances have changed. Offers to settle avoid BS back and forth which is sometimes used to wear people down and encourage them to give up by wasting their time and money.

                    I'm guessing that you've written a proposed separation agreement and it hasn't been accepted by the other side, or hasn't been given to them. That being the case, assuming the agreement you're proposing is reasonable and fair, it would probably be a good idea to give it to the other side in the form of am offer to settle, as per the rules. That way, they can end the quibbling by signing it. Make sure you have a record of giving it to them, and never bring it up in front of a judge. If there is a trial and a not-on-consent order, and the order looks a lot like what your offer to settle looked like a year before, then the other party should be held responsible for a lot of your costs, because they were wasting your time since the offer to settle.

                    You can title it Offer to Settle, and any stuff the rules require, but then what you're offering is your separation agreement, which will be the main body of the same document.

                    Please don't go away with the impression that I know what I'm writing about.

                    Comment

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