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Offer to Settle
An Offer to Settle can be made at any point in the negotiation or court process. This attempt may save you money, time and unnecessary frustration.
There are several reasons to make an offer.
One of the main reasons to make an offer is to avoid having your matter end up in court.
Hello, I’m Anna Troitschanki and today I’ll be giving you some tips on offers to settle.
An Offer to Settle may be seen by your spouse as an open invitation to come to the table and try to work out a settlement through negotiation rather than through litigation.
Serving your spouse with a formal Offer to Settle may also help you narrow the issues that end up in court.
If your matter ends up in court despite offers being exchanged, an Offer to Settle can help you recover some of your legal costs. For instance, if you obtain an order at a motion that is more favourable than your Offer, there is a presumption that you are entitled to your legal costs for that motion. However, the court can exercise its discretion over costs.
When to Make an Offer
As mentioned before, you are can make an offer at any point in time.
Consider making an offer before applying to the court for any issues arising from your separation.
When preparing for a Case or Settlement Conference
Take the opportunity to make an offer, whether on a temporary or final basis. There is an actual section of the Settlement Conference Brief that asks for you to provide your proposal. Your proposal to resolve any issues just might be considered and supported by the judge at the Conference.
When preparing for a Motion
By making an offer before commencing a motion, you may be successful in avoiding cost of having to bring a Motion. If you beat your offer at the Motion, you can argue that the other party pay for your legal costs related to the Motion. Even if you are unsuccessful at the Motion, an offer can help minimize the costs you may be ordered to pay.
It is important to note that making an offer is not always feasible. For instance, how do you make an Offer to Settle the issue of an equalization payment if you do not have the other spouse’s financial disclosure?
How to Make an Offer
The proper way to make an offer is to put it in writing. Rule 18 of the Family Law Rules provides that you need to sign your offer. If you have a lawyer representing you, they need to sign it as well.
My name is Anna Troitschanski and I am an associate with the Feldstein Family Law Group. If you have any questions about making an offer or any other issues, please contact the firm at (905) 581-7222 to schedule an initial consultation or visit our website.