With or without prejudice or nothing

[BirmRob]

Hi All,

If I make offers to settle in a financial remedy divorce case.

If I state:

1. Without Predjudice - can this be used as evidence at final hearing

2. With prejudice - can this be used as evidence at final hearing

3. if I state neither - Can this be used as evidence at final hearing

[atticus]

1. Not in the vast majority of situations so long as the letter contains a genuine attempt to settle. It might, however, become relevant after the court has made its principal ruling when the court is being asked to decide whether one party should pay the other's legal costs. This is where you may see the rubric "without prejudice save as to costs".

2. Don't say this. It is meaningless and shows that the person writing it thinks they are being clever when they are not.

3. Yes.