QLD Deed of Settlement

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Sharon Codray

Active Member
25 June 2018
9
1
34
Hi, partner is now at the stage of settlement with his ex employer.
A deed of settlement has been offered to be signed by him and the ex employer.

There is a clause in the deed that states - Each party will bear their own costs of and incidental to this matter and to the negotiations, preparation and execution of this Deed.

The ex employer is requesting the deed through his lawyer.

Are you able to please advise on the following questions, thank you.

Why does it have a clause stating paying own costs in preparation and execution of the Deed? Is the normally how it is done please?
They want it, shouldn't they wear the costs?
 

Rod

Lawyer
LawTap Verified
27 May 2014
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2,894
Much depends on the settlement discussions.

It is not unusual for each party to pay their own costs - it all depends on what the parties agree to do.
 
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JackOnTable

Active Member
5 January 2022
5
1
31
Hi, partner is now at the stage of settlement with his ex employer.
A deed of settlement has been offered to be signed by him and the ex employer.

There is a clause in the deed that states - Each party will bear their own costs of and incidental to this matter and to the negotiations, preparation and execution of this Deed.

The ex employer is requesting the deed through his lawyer.

Are you able to please advise on the following questions, thank you.

Why does it have a clause stating paying own costs in preparation and execution of the Deed? Is the normally how it is done please?
They want bp, shouldn't they wear the costs?
It looks like they want something and don't want to pay: "Sell the cow for your money" :D
 
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Sharon Codray

Active Member
25 June 2018
9
1
34
Should a costing of the Deed be advised before the signing occurs?
It could be in the $1000.00's, we don't understand how a lawyer can ask for a commitment when no prices were supplied.
It is all drawn up just waiting for my partners perusal & signature.

Also the deed mainly is to hush my partner. Only one very minor clause that protects my partner.
How does he respond to their lawyer that he doesn't see why he should bear half the costing please?

Thank You all so much for all the help you have given, it is really appreciated.
 

Docupedia

Well-Known Member
7 October 2020
323
43
719
I think you’ve misunderstood the clause. I can’t see anything in the information you’ve shared which indicates your husband will be liable to pay for any part of the preparation of the deed. By ‘bearing own costs’:
- The party providing the document does so at their own cost.
- The party receiving the document bears the cost of reviewing/getting advice on the document.
- If there is negotiation over the document, each party pays their own costs of doing so.

Bearing own costs is a standard arrangement in legal documents.
 
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