Divorce Settlement Proposal

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Consider that a husband has proposed a divorce settlement on the basis of equitable distribution to his wife. Now, it is required to present a model of the settlement proposal to the court. There is also a need of a testimony whether the wife can fulfill her requirements using this proposal.

Assessment of Divorce Settlement Proposal

  • It is assumed that the wife has moved to a smaller house in the neighborhood (of the residence in marital life). Now, it is essential to determine the expenses of alternative housing
  • It is obvious that inflation would grind down the wife's principal money. So, the question is that whether the finances would suffice for the balance life. Thus, the actuarial remnant life of this woman is determined
  • The related tax basis of the assets offered by the husband are found out
  • It is essential to quantify the lifestyle of this woman before the separation
  • A judgment is made regarding the wife's health and corresponding life expectancy
  • The impact of escalation of medical expenditure should be considered
  • As per this proposal, what retirement assets have been separated for her should be noted
  • The social security benefits that this woman would receive must be considered

It is concluded whether the points mentioned above reflect that the settlement proposal is an equitable one. If it is found acceptable to the judge, then it is enforced.

Characteristics of Divorce Settlement Proposal

Initially, one partner makes a settlement proposal. It has been observed that generally the other partner makes a counter proposal. In this, the other partner agrees to only the favorable parts of the proposal and states some other methods of handling the other parts. If the first partner develops an opinion that the counter proposal is reasonable and the second partner has a wish to develop a settlement, then discussions begin between these two.

However, any of the partners at any moment might feel that the response is unreasonable. The usual cause of such an occurrence is that problems prop up during discovery. If the scenario is identical to this description, then it is recommended that the partners should not squander time and money on this settlement proposal.

The lawyers of the partners can play a crucial role in the settlement proposal. Initially, the spouses and the lawyers can exchange information with one another regarding each other's intentions. As the time progresses, there are suggestions and enquiries from both ends. Gradually, it becomes possible to develop a proposal that fulfills most of the major intentions of the spouses. Such a settlement proposal is, in most cases, well received.

In some cases, temporary orders are determined by the court at a hearing or submitted by agreement of the spouses to the court for approval. Along with the passage of time, the spouses experience that they can abide by these temporary orders. Now, such cases have a considerable possibility of settlement as the ambience between the spouses is calmer as compared to other cases. The partners have already marched some steps towards a successful proposal.

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