A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Settlement Offer?

  • scottishlady
  • scottishlady's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
24 Feb 08 #14928 by scottishlady
Topic started by scottishlady
Hi.....
Just thinking about my 'situation'.....
I think I read somewhere that it is the 'petitioner' who makes an offer to settle..... is this correct... and, when does one make an offer?
I have had my first hearing, which was adjourned, and my STBX 'ordered' to supply missing documentation....
There will be another 'First Hearing'... which may be 'abandoned' to be replaced by an FDR if sols agree all documentation is in place....
If it is correct that it is the petitioner (me) who makes an offer to settle, I have to wait until all our 'assets' are declared????... but, if I think (as I do) that my STBX has 'hidden' assets, how does one proceed?

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
24 Feb 08 #14929 by attilladahun
Reply from attilladahun
You can't really make an offer till you have all the relevant financial information.

Once the parties are "satisfied" with disclosure there are no hard and fast rules either can make offers.

The Court rules provide that "both" parties must make offers before the FDR and make OPEN offers before the final hearing.

  • DownButNotOut
  • DownButNotOut's Avatar
  • Visitor
  • Visitor
24 Feb 08 #14930 by DownButNotOut
Reply from DownButNotOut
SL,

Either party can make an offer at any stage.

In fact it is more usual for the respondent in Ancillary Relief to make the first offer.

i.e. if you are claiming spousal maintenance, property transfer, pension share etc from your ex.

Typically you state in the application for ancillary relief which of the above elements you are claiming for.

Then the respondent at some stage (usually between first hearing and FDR) makes a first offer.

You then consider that offer and make a counter offer.

If the offers are not accepted then the purpose of the FDR is to try to bridge the gap between the two positions - and bring the parties to an agreement somewhere inbetween.

  • scottishlady
  • scottishlady's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
24 Feb 08 #14935 by scottishlady
Reply from scottishlady
Thankyou very much both...... it's much clearer to me now......
Just one more question..... what is an 'OPEN' offer????

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
24 Feb 08 #14948 by attilladahun
Reply from attilladahun
People sometimes negotiate in "closed" correspondence.

That is a letter headed "Without Prejudice". The letter cannot be used at a final hearing but the Court will see such correspondence at an FDR as all negotiations in writing are revealed to the District Judge.

If matters go to a final hearing that DJ cannot hear the case as he/she has seen the offers and counter offers.

Rather than write a letter than cannot be shown to the Court there is an alternative open way of negotiating that is:

To write an ordinary letter which is NOT written "without prejudice" - this ordinary letter is called open correspondence or an OPEN letter.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11