Offers

For clarity. FDR discussions are without prejudice and cannot be referred to at a final hearing. The judge for FH will be new to the case.

I can only assume that open offers are being required to try to encourage settlement. An open offer (which the judge at FH would see) may be less generous than a wp one. I would be inclined to time limit any open offer at FDR so it can be withdrawn. You cannot make a new open offer for FH that is less generous than one already on the table. Be aware of the costs of going to FH when making any open offer.

Hadenoughnow

So should I start with a low offer but not an unreasonable one and should that be wp or open and can I offer the same amount for both?

You can offer the same amount for both and negotiate on the wp offer. Or you can offer a better wp offer in the interests of settling and saving the costs of going to FH that would be reflected in your open proposal. This could be £10-15k if you are represented and more if a hearing of 2+ days is required.

Hadenoughnow

Good morning.
I'm really not sure what to do about the offers. Should I put my maximum offer in as a wp and open offer and state that is my final offer or should I start low and negotiate?
What would be most favourable to the court?

Without seeing all the figures it is very difficult to advise.
The court will want to see a realistic wp proposal aimed at settlement. I usually advise that you have a couple of negotiating points — things that are not massively unreasonable but that you would give away. So stuff like nominal sm or keeping cm going beyind 18. Make sure you know your bottom line. If you need a certain sum to rehouse for example and the housing need you have proposed is not unreasonable, then bear that in mind when negotiating.

The open offer as I said should factor in the costs (on both sides) of going to Final Hearing and would likely be similar to your starting wp plus that extra sum.

It is very important to listen to the judge who will have a view on how things should settle. Providing the paperwork is clear and they have read it, they are rarely far off the mark.

Hadenoughnow

The only issue is how much he will accept. He is going for 50% of the equity, about £59.000, but my offer will be based on 30% as I believe the deed of trust should be considered, so my maximum offer will be £18.000. I am having to remortgage and am awaiting figures from my financial advisor.

If there is to be a departure from 50:50 there will need to be a good reason why.
This could be disparity in incomes, child responsibilities etc.
A deed of trust may be set aside by the court but if he can rehouse himself with 30% of the equity it may not be.

Hadenoughnow