In family law, a Calderbank offer is a tactical tool used during financial settlement negotiations or court proceedings to encourage settlement and potentially shift the burden of legal costs.
A Calderbank offer is an offer made by one party to the other, which sets out a proposed settlement figure or terms of settlement. It is usually made “without prejudice save as to costs,” meaning that the offer is confidential and cannot be used as evidence in court except for determining costs.
If the receiving party rejects a Calderbank offer but later obtains a judgment or settlement that is less favorable than the offer, the court may consider this when determining the allocation of legal costs. In such cases, the receiving party may be required to pay the legal costs of the offering party from the time of the Calderbank offer.
Calderbank offers can be strategic tools to encourage parties to settle their disputes out of court and avoid the uncertainties and costs associated with litigation.
It is important to seek legal advice from a family lawyer when considering making or responding to a Calderbank offer to ensure that it is drafted effectively and takes into account the unique circumstances of the case.
Geelong Legal can assist you in preparing family law settlement offers, providing strategic guidance to achieve fair and favourable outcomes for your family law dispute.
