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

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Old 05-20-2011, 10:01 AM
Spoonz Spoonz is offline
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Default Needing some education on Offer to Settle

Is an offer to settle as simple as a letter detailing what you would like the court order to be?

I need educating.
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Old 05-20-2011, 10:38 AM
winterwolf7 winterwolf7 is offline
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An offer to settle takes place outside of court and is essentially as you described, a letter outlining your offer. The offer will probably touch several areas such as support, custody, separation of property and other matters. Usually it's a page or two but provides enough high level detail that can be used by either party to flesh out a more comprehensive separation agreement. A complete separation agreement is much more detailed.

If your offers to settle are countered or ignored repeatedly, you may use them as the basis for a court application, asking the court to award you what you have essentially offered to your spouse.

You or your lawyer can draft as many offers to settle as you like until an agreement is reached (if ever lol).
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Old 05-20-2011, 10:40 AM
She took the kids She took the kids is offline
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Yes. To put it simply, lay out each thing you want one point at a time. ie
1) The applicant/respondent to have 50/50 custody.
2) The sell of the house will result in 50/50 sharing of proceeds.
3) Nither parent will take the children out of the country without the others written consent.
And so forth and so on.
If you wish to have the children to stay in the town that they are in put that point in too.
If you wish to have mobility state that.
Just put everything that you want in it one point at a time.
Good Luck my conference will be soon, if the others lawyer ever responds to mine!
Keep your head up, eventually the sun will shine on your face!
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Old 05-20-2011, 06:38 PM
fieldgrey fieldgrey is offline
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Don't over think the offer form.

Usually good form in an offer to settle is to outline what you are willing to settle for, point by point, and some reasons for your proposition. Just firing numbers at the other party doesn't make a good offer, and neither does 'this is my offer because it's what I deserve so take it now'.

An offer to settle of 1-3 pages is sufficient. It does not need to be in 'contract language' or in the form of a court order.

Serve your offer and keep a copy. When judgement comes at end of trial, a justice will often ask to see the offers to determine who was 'more reasonable' - this reasonableness test is part of justice's evaluation of who should pay court costs.

FG
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