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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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  #11  
Old 01-31-2014, 04:59 AM
Mess Mess is offline
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I believe there is a template in Divorcemate software. There is an official court form for small claims court, but none for family court that I am aware of.

You should put "Without Prejudice" at the top. This means that nothing in the offer is an admission that you are liable for anything you are offering, and it can't be used as evidence in court. For example, you make an offer for spousal support without prejudice, meaning that at trial you have not agreed or admitted that there is actual entitlement to spousal.

It should be signed by both you and your lawyer to be a legal offer. This means if the other party signs it, it becomes an enforcable agreement pretty much instantly. I'm not sure how enforcable it is if the other party does not receive ILA, however the Family Law Rules state that such an offer is binding.

Thus, what is in between should be carefully considered. It can be all of your issues, or just one. It does not have to be worded as a legal agreement or order, but that would be a good idea since it may become a contract.
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  #12  
Old 02-06-2014, 04:24 PM
onandon onandon is offline
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Quote:
Originally Posted by Mother View Post
Wondering why severable offers is a bad idea. If the parties can agree on at least something, isn't it better than nothing? It would allow to narrow down the list of items that need to be discussed and accepted by both parties.

Yes, no, may be?
Divisible offers can reduce your risk on the cost order side. if they receive less than you offered on any one area you can argue that costs for that area should be zero. If your offer is not sever-able then they can ask for all their costs.

On the other hand you don't want them cherry picking sections and only letting the judge make a ruling on the remaining items.
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  #13  
Old 02-06-2014, 04:29 PM
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Quote:
Originally Posted by onandon View Post
Divisible offers can reduce your risk on the cost order side. if they receive less than you offered on any one area you can argue that costs for that area should be zero. If your offer is not sever-able then they can ask for all their costs.

On the other hand you don't want them cherry picking sections and only letting the judge make a ruling on the remaining items.
Why not?

Why not settle what you can?
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  #14  
Old 02-06-2014, 04:35 PM
onandon onandon is offline
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Suppose you are generous in support and want more than 50% of the value of an asset in return.

If your offer were severable they could agree to the high support and then go to trial over the division of assets. There is no guarantee you get anything in return for the higher support....
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  #15  
Old 02-06-2014, 04:47 PM
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Quote:
Originally Posted by onandon View Post
Suppose you are generous in support and want less than 50% of the value of an asset in return.

If your offer were severable they could agree to the high support and then go to trial over the division of assets. There is no guarantee you get anything in return for the higher support....
This is a good example of why not... Thanks..

Sent from my SGH-I747M using Tapatalk
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  #16  
Old 02-06-2014, 05:34 PM
Serene Serene is offline
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I tried to explain that above as well.

Often things are intertwined as there is give and take. So it is often good to make nonseverable offers. Remember, you can always withdraw an offer and then offer a severable offer if you choose
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  #17  
Old 02-10-2014, 09:41 PM
Helpinghands Helpinghands is offline
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thanks for such great advise. One question, Is an offer valid if sent through email?
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