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Offers of Settlement

Often parties cannot agree about how to resolve matters arising from the breakdown of their marriage or relationship. These matters incude:

  • Who will the children live with and how often will they see the other parent?
  • Who will keep the house or does it need to be sold?
  • What happens with a business and does there need to be any changes to the business structures?
  • Does one party need to pay money to help support the other party?
  • Does one party need to pay child support to the other party and if so, how much?

Parties cannot resolve matters if they do not know what the other party wants. An offer of settlement is a proposal setting out what the party wants to resolve the matter.

How Is An Offer Of Settlement Made?

An offer of settlement can be made at any time by either of the parties. The offer of settlement should be in writing and clearly set out the proposal that a party wants and the reasons for the offer as an offer of settlement that cannot be understood is unlikely to be accepted by the other party.

Benefits Of An Offer Of Settlement?

The benefits of an offer of settlement include:

  • Resolving of matters arising from the breakdown of the relationship enabling the parties to move on with their lives and to plan for the future;
  • Avoiding significant legal costs that will be incurred if the matter needs a decision to be made by a court;
  • Strategic advantage in any court proceedings when a reasonable offer of settlement is made.

A well-thought-out offer of settlement provides an opportunity to resolve matters and enable parties to move on with their lives and minimise the stress of separation.

For advice or representation in any legal matter, please contact Armstrong Legal.

Michelle Makela

This article was written by Michelle Makela

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

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