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Ex will not respond to Clean Break offer

  • LathanDevers
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21 Jul 20 #513365 by LathanDevers
Topic started by LathanDevers
Following on from another thread which I did not want to hijack...

Two fifty year olds, married 25+ years, separated for 3+ years, two children long left home.

Both minimum wage income, no assets, no liabilities, both live in rented accommodation.

Ex has a modest pension, my friend has no pension but should receive a modest inheritance in the near future after her father passed two years ago (so her father died a year after the couple separated.)

Our understanding is she would probably be entitled to some of his pension while he is unlikely to have a claim on the inheritance. Separation was a result of Ex's police-involved domestic violence so she just wants rid of him and has offered a Clean Break. The issue is that he simply won't respond to any letters, neither agreeing or challenging the offer.

.Charles wrote: A costs order is a penalty for not being reasonable and a party cannot be criticised for failing to accept a settlement proposal when the financial position between the parties is unclear.

Thanks, I see your point but wonder whether refusing to reply (even if only to decline the offer) would be considered unreasonable? If he at least refused that would allow further discussion/negotiation but by not responding at all my friend is left with no option but to ask a court to resolve the matter.

From reading threads here, as he is not accepting my friend's (better) offer this again would go against him if the court decided she was entitled to 50% of the Ex's pension. What I'm hoping for is some ammunition to try and persuade him to agree in a last ditch attempt before court proceedings are necessary.

Any suggestions or angles to try are appreciated.

  • .Charles
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21 Jul 20 #513366 by .Charles
Reply from .Charles
If there is no response an application can be issued. The court will then make directions to file a form E financial statement.

If a person fails to comply with directions it is possible to apply for an order to compel the defaulting party to comply. Ultimately this can lead to imprisonment but this rarely occurs as the threat of a loss of liberty often leads to common sense.

Once disclosure has taken place, a party can make an open offer of settlement. If that offer is unreasonably refused the court could then make an order that the recipient pay the costs from the date of the offer.

However, a party can only recover costs that they have paid out. So, if no solicitor is used, you can't claim costs of a solicitor. If a person acts as litigant in person they can technically seek their costs at litigant in person rates which is £19.00 per hour. In reality - I've never seen this done, particularly in family proceedings, in 25 years working in the law.


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