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First offer ( Without prejudice)

  • enm1sg-sandy
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  • Junior Member
  • Junior Member
22 Jun 21 #517068 by enm1sg-sandy
Topic started by enm1sg-sandy
Hi My FDR is due in September first week and as per the Court direction, both parties have to exchange offer, two weeks before the FDR

Had a conference with my barrister and he advises me to give my first offer to R and evaluate her reaction before you give the final offer, two weeks before the FDR

Naturally, My first offer will be only a benchmark offer and not my semi or final best. I am sure, my Ex will not reply to any of my offers as she is dreaming more than 70%. In this scenario, I am thinking of the following two offers before the FDR

The first offer, 30% to EX
Final offer before the FDR = 40 % TO EX in the case did not hear anything from Ex

Then negotiate in the FDR and give her 50% as WORST CAS SCENARIO

Looking for the valuable suggestion for % splits for my offer, please

  • Rickoshea
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  • Elite Member
  • Elite Member
23 Jun 21 #517069 by Rickoshea
Reply from Rickoshea
Without additional actual details of the circumstances and what is due to be split it's almost impossible.

Is there any reason your starting positions are 40% apart in the first place and yet you are willing to shift 20% and still seem to find it acceptable? It suggests your 30% offer isn't realistic in the first place?

  • enm1sg-sandy
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23 Jun 21 #517071 by enm1sg-sandy
Reply from enm1sg-sandy
Thank You for your reply Rickoshea.. Ex and her Mckenzie are playing dirty games and showing all the historic oversease assets as mine which I have sold a long time back before the divorce.

If I offer her 50% straight away with the first offer and they add historic assets in her offer before the FDR ( Which the judge will make the final call ) then I have left nothing in my pocket to negotiate as I already offered her 50 % at the first place. In that case, I cant offer her more in FDR and the case will go to the Final hearing ..

  • hadenoughnow
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  • Moderator
  • Moderator
24 Jun 21 #517087 by hadenoughnow
Reply from hadenoughnow
It sounds like you need to sort out what's in the pot before any offers can be made.

If you disagree on the pot, two separate schedules of assets and liabilities would need to be provided. The judge would need to see evidence to support the inclusion of assets that are disputed.

Any offer you make should be clearly based on your version of the assets - which should be provided to the other side. It needs to set out how the proposal meets the requirements of s25 ie need for housing and income, now and in the future for each of you. This is a more important consideration that percentages.


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