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  • mbird
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02 Sep 12 #353371 by mbird
Reply from mbird
Thanks dukey.

  • soulruler
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02 Sep 12 #353383 by soulruler
Reply from soulruler
As it is likely to go to FDR I would put in two offers one open and one without prejudice.

Make the open one what you believe to be just on the wrong side of what might happen and the without prejudice just on the better side for your wife of what might happen - give your reasons in both, the without prejudice as a reasonable offer to settle without any further legal and emotional costs - you can produce the without prejudice even at the FDR I believe as FDR proceedings are without prejudice and supposed to prevent legal wrangling going on to a further hearing or most costs up to that.

I believe I am right in saying that but you must make sure it is just without prejudice as opposed to without prejudice save for costs - if you put that you can only submit it after a hearing regarding litigation misconduct.

Any offer made as an offer at an FDR cannot be produced by any party at a final hearing in divorce so if it goes on it can not be produced against you saying that you agreed to this a while back and therefore you are abusing process and get a costs award against you.

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