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TAS Writing Letter of Intent and Affidavit - Mediation was Refused

Discussion in 'Family Law Forum' started by elletee, 23 June 2015.

  1. elletee

    elletee Member

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    Hoping to get some advice on writing a letter of intent for property matters. It's a pre-action procedure requirement to file in WA as mediation was refused by the other party multiple times. I understand the basics of including an offer to settle and including full disclosure, but how do you write that you intend to file if they don't respond or no agreement can be made? We can't exactly get an agreement off the bat as we require documents that they have refused to even acknowledge previously. Do we request these in the letter?

    In regards to agreeing on assets, if they don't agree to the values ,can we state that the OP needs to provide reason for their dispute? Who has to pay for a licensed valuer if no agreement can be made? If ALL assets are in the OP's possession, would they need to be responsible for having this done? I can't exactly have their household items valued when I have no access to them.

    How do you set this all into a letter so that it states how disputes should be handled and what each party needs to provide to resolve them so that when it's filed to court they can see from the letter that one party is trying to ensure this can be sorted without conflict.

    Should any of this even be included in the letter? Should it be kept straight forward and keep all the disputes for the affidavit?

    Thanks in advance.
     
  2. elletee

    elletee Member

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    Sorry, WA was selected for the title but its come up as TAS.
     

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