LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

SA Family Law Property Settlement Offer

Discussion in 'Family Law Forum' started by Cupcake, 20 June 2015.

  1. Cupcake

    Cupcake Well-Known Member

    Joined:
    11 December 2014
    Messages:
    46
    Likes Received:
    3
    Hi Everyone,
    I have a family law trial pending (3 months away). All avenues to settle have been used with no result. Out of the blue my ex yesterday made an attempt to settle. I feel that he fears the trial (cost or evidence - not sure), so I think that I have some room to negotiate. However when I shot back my attempt at negotiation the response was that's the offer take it or leave it.

    My question here is, 3 months out from trial an offer is made, what would be the reasoning behind this and how much is this in my favour?

    I've not responded again to the take it or leave it, so want to be very careful how I play this card. I"m a SRL.
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    This isn't really a legal question that anyone here can answer. We don't know the other party's position, so we can't make predictions or presumptions about your former spouse's actions.

    In the same token, have you simply considered if the proposal is fair or not, rather than whether or not your ex's position means you have bargaining power? Many people make the mistake of thinking family law is a competition, but that is not the case, especially when kids are involved and you have to try and maintain some level of civility between you for the benefit of the kids. All avenues to settle are never exhausted. Even right up until the last day of trial, you can try and settle, and the court will praise parties for it.
     
  3. Cupcake

    Cupcake Well-Known Member

    Joined:
    11 December 2014
    Messages:
    46
    Likes Received:
    3
    It's financial only and no it wasn't fair hence my post!
     

Share This Page

Loading...