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Family Law Trial in One Month - Questions and Thoughts?

Discussion in 'Family Law Forum' started by Cupcake, 17 August 2015.

  1. Cupcake

    Cupcake Well-Known Member

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    Hi Everyone,
    I have a family law trial date coming up in 1 month. I have a few tricky questions I need help with asap if possible.

    1. Other party has made an offer. I accepted said offer with 1 extra condition. He has since replied and said his acceptance of my offer is conditional on the basis I provide the last 6 months of bank statements and other discovery items even though they have no bearing whatsover on his original offer nor my offer.

    My question is, do I have to provide them? My response was that my offer expired in 4 days, if he wishes to formally refuse my offer I will, at that stage, provide the requested discovery and formally withdraw my acceptance of his offer.

    2. What is the statute of limitations on have a property settlement set aside if fraud were discovered?

    3. How do you formally withdraw an "acceptance of an offer"?

    4. The other party made an offer prior to the one discussed above. This offer contained matters not relevant to current proceedings and I wish to use this as evidence in trial. However "without prejudice" was written on the bottom. Is there any way I can use this as evidence? I have read that "without prejudice" does not necessarily protect all correspondence.

    Thanks
     
  2. John R

    John R Well-Known Member

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    Hi @Cupcake,
    Given the complex circumstances, you'd be best to engage a family lawyer to assist you to finalise the agreement (and also to reduce any unnecessary emotion that may be standing between the parties and a pre-trial settlement).

    As high-level thoughts on your questions:
    1. Do you have orders to provide discovery of the requested bank statements/documents? If yes, you are likely obligated to provide discovery. If not, you may be in a position to reject the request.
    2. Limitation periods vary by state, matter/circumstances, etc. ~6-12 years is generally average. In some matters, the judge can also extend any limitation period.
    3. Unless you've been using a specific court form/s to make or respond to offers, a letter or email (that is, something in writing) that clearly sets out today's date and that "I withdraw my conditional acceptance of your offer made on [offer date]" (or similar). You may or not include an explanation or submit a revised offer for the other party's consideration.
    4. You should contact the court registrar or engage a family lawyer for specific advice.
    Hope this helps!
     
  3. Cupcake

    Cupcake Well-Known Member

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    Thank you. No orders for discovery.
     

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