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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.


Open Offer or Without Prejudice

  • amefbi
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13 Sep 12 #355568 by amefbi
Topic started by amefbi
What is the difference when it comes to Settlement or Financial agreement offers and its an ''''Open Offer'''' of ''''Without Prejudice''''.

  • soulruler
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13 Sep 12 #355570 by soulruler
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Generally speaking offers should be open offers.

However, you can make without prejudice offers or without prejudice offers save for costs.

If you make a without prejudice offer it should be more beneficial in general to the other party than you believe fair.

In this way you can say this offer is without prejudice.

It is without prejudice to attempt to get an early settlement and avoid additional solicitors costs and court costs and emotional stress.

If you do that also try to make an open offer - this can be produced by both parties at any hearing. I would also put a closing date on it if you think appropriate.

The idea is to come to a sensible agreement as soon as possible as you well know.

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13 Sep 12 #355580 by amefbi
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Ive have decided to reply to his Sols ridiculous, irresponsible and unreasonable settlement offer marked as ''''without prejudice''''

If I file Form A I have to send them copies of my financial issues and offer. I know we wont come to an agreement anyways and a court will have to decide what is fair and reasonable in our case.

Do I send my financial offer as an Open Offer to his Sols and give them 14 days to reply then.

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13 Sep 12 #355584 by soulruler
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I think as you are starting out that 14 days is a very short period of time and might even be read as a bit of a threat or pressure tactic.

You could put Open offer to settle with a view to avoiding the First appointment?

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13 Sep 12 #355596 by amefbi
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LOL Soulruler, I thougt I was being nice by sending my open offer to his sols, but I cant wait month of 2 for her to act on this.

It takes time to File Form A as well and my financial issues is critical. So I will just let his sols know that I will be filing to court and few reasons as to way this is neccessary and will receive the copies in due course.

Hopefully his sols will react immediately when she finds out the truth about his pension fraud and that Im disabled and how unfair and unreasonable their offer is.

Stbx can then be adviced again and prevent us from having to go to court.

  • MrsSadness
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14 Sep 12 #355774 by MrsSadness
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Dear Amefbi - we have spoken before, and I tried to advise you to get independent legal advice... and you thanked me. Remember me? Well, things at least start to be moving for you: BUT
a) you need to get indpendent legal advice. First and foremost.... you are self-repping and basically, at this time of night, I can''t be bothered with polite nice-ities as to how to say it politely: you are being sucked in.
b) This means that you really do need to get your own sol. I know you don''t get out much, due to your illness, that finances are at a crunch and can''t seem to get Legal Aid ( undertandable,and it is just a loan after all)
3) BUT surely you must see, you are playing into his hands here...

Some simple questions: and I am only trying to help you here, devoid of all tact this time of morning, so please excuse any bluntness.

a) are you au fait with MCA 1973? It''s on here on wiki... just research....
b)do you actually know your legal position? re you now R or P? This has changed a few times in your previous posts... but working on basis you are now R, again....

c)why are you still being guided by stbx? He moved out a few weeks ago didn''t he?
d)I appreciate the offer to Feb 2013, but are you in a position to accept?

e) Soul Ruler has been spot on with her advice to you, as have all others.


Just trying to help, Amelf, that is all.. but I think you need to re post, what youractual status is now, for it has kept changing over last few months... so are you P or R, I guess the latter.. again. That is a shame, should this prove to be the case. And you are now getting offers? Hey, if you wish to accept, up to you. But if you want my last opinion: you really need to get/source some independent legal advice.

I appreciate your mobility issues, but you can use the phone, for I think you need to think carefully about this: why not call CAB for some basic legal advice re your situation - you have been there before, and they must keep records. Or do some more research on this wonderful site re ''offers.''

I hope this has been of some help Amelfbi, that I have stayed up to at least try to assist with what I hope other Wikis will agree is re basic practical advice.
I really do wish you all the best. Sadly will not be able to reply to you for a few weeks, since going on holiday for a week now.But hope you found my post helpful, Am

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14 Sep 12 #355775 by amefbi
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Thanks Sadness, I do appreciate your advice and support. All the legal advice for P or R is available on this site and I have spend hours, days and nights as I believe you have as well doing my research.

But if I only have £50 per week to live off currently I just dont have any money to pay a solicitor. I dont have £240 to file Form A. Know its possible to file Form ??160 for costs to court.

Im awaiting my claim for ESA now since Jan 2012, have a appointment on 17Sept at CAB for other issues. I have reduced my council tax bill.

I will defo not be sucked in by him or his sols with his ridulous offer.No chance I will fight him with the last breath I have on what is fair and reasonable. And believe the courts will side with me.

Money, no funds is my problem, understanding the process or the law I am fully informed.

My next step is to file for MPS that I will get legal advice to check Ive done this correct before I send to courts. I am not going to wait for his sols letters going back and forth.

When filing Form A I have to supply his sols copies of this. Thats why I thought of replying to her letter of his Offer as well that I wont accept.

Im just trying to formulate the correct English terminology to write this letter and its taking time. It wouldve been easier and much quicker if a Solicitor done this, but I dont have this option.

Please dont ignore me when I ask weird and strange questions. I do take all advice on board and without the support on this site I will truly feel lost.

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