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Offer to Settle ?

Offer to Settle

My ex-wife's solicitor has just sent me a Offer to Settle, which is very close to what I had originally requested.

I want to respond with a couple of minor changes, which my ex-wife has verbally agreed to.

Can I respond to an Offer to Settle?  Is there a form I need to fill in?

As we are only a week away from the affidavits, am I better off talking to her solicitor to make the changes to the Offer to Settle, which I can then agree to?

Is there a formal way to agree to an offer to settle?

Thanks, Chris

Response to an offer to settle

The term "Offer to Settle" is simply a more formal way of saying proposal.

The simplest way to respond is by writing back to her solicitor with your own "Offer to settle".

First one would itemise the terms you agree to. Then itemise any points which you would prefer were different. By itemising each point you ensure there is no confusion later upon wording and meaning. There is no specific form.

For me - Shared Parenting is a Reality - Maybe it can be for you too!
My X has two different lawyers at two different times, this meant some late nights replying to offers or at least trying to negotiate terms, each time I engaged the format they used and removed things that did not suit as well as added my own terms, each time a cover letter was sent that in point format listed the paragraph and the objection. There was a bit of two and froing, but wording can make an enormous difference so don't assume terminology is what you think it is, like oneadadc has suggested " ensure there is no confusion later upon wording and meaning " This is in your own best interest to check. On this site is a legal glossary that will be helpful.

Best of luck
"Different sets of documents for consent orders must be submitted, depending on whether or not you already have a case in court."

Have a look at Form 11, Application for Consent Orders if you do not have a case in court:
http://www.familycourt.gov.au/presence/connect/www/home/forms_fees/forms/alphabetic_forms/fcoa_form

"The Fedral Magistrates Court cannot grant consent orders when there is no current case. All applications  for consent orders for cases not commenced in court must either go to Family Court of Australia or the Family Court of WA.

A reading of Form 11 will give an insight into the details relied upon to determine if orders are fair and just.

A party may apply for a consent order:

1. orally, during a hearing

2. by giving a draft consent order to a deputy registrar, magistrate or judge during an event in court, or

3. by filing an application (Family Law Rules 10.15)

Orders types are:

- Parenting orders

- Property and maintenance orders

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
This case is in the Federal Magistrates. A letter of response along the lines listed in oneadadc post is appropriate. There is no specific form for this sort of response to an offer.

You will still need to prepare for filing as if the offer was not on the table because if things do not settle (and inveriably there is always an issue at the last minute) you will still need to prepare to run the matter.

Do not miss your filing dates.  :cool:

Executive Secretary - Shared Parenting Council of Australia
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