What is a “Pre-filing Settlement” (and How Do I Get One)?
A “Pre-filing Settlement” is an agreement or resolution reached by parties before they file a case. This is one of the options available in Divorce and other Family Law cases. There are several ways to reach or “get” a Pre-filing Settlement.
Kitchen Table Talk. The simplest and least expensive way parties can reach a Pre-filing Settlement is through negotiation between the two of them, also known as the “Kitchen Table Talk.” If parties are amicable enough, then they can sit down at the kitchen table (or wherever they choose) and discuss the issues of their case. Many parties are able to reach a resolution this way.
Mediation. Parties can also reach a Pre-filing Settlement through Mediation. Mediation is a structured process where an impartial third party assists the parties in resolving conflict through communication and negotiation techniques. The third party should be a trained Mediator. The Mediator can help to resolve all of the issues or just a few issues, depending on what the parties are in conflict about. For more information or a list of qualified Mediators, visit Mediate First MI.
Collaborative Process. A third way for parties to reach a Pre-filing Settlement is through the Collaborative Process. The Collaborative Process is an alternative dispute resolution process where the parties commit to reaching a resolution without court intervention or the threat of court intervention. It is more of a team-based approach, where mutually agreed upon experts can be brought in when necessary. For more information or a list of Collaborative Experts, visit Mediate First MI’s Collaborative Law Page.
Once the parties reach a Pre-filing Settlement, the terms of the settlement are then put into writing, which is typically called a Settlement Agreement. The Settlement Agreement is then incorporated and merged into a Judgment of Divorce or a final order. The terms can also be put directly into a Judgment of Divorce or another type of Order instead of a Settlement Agreement.
A few years ago, Michigan enacted law that simplifies the process for Divorce and other Family Law cases when parties have reached a Pre-Filing Settlement. Instead of filing a divorce lawsuit, parties are able to jointly file a Petition to enter their Consent Judgment or Order. This new, fast-tracked process is designed to be quicker and more efficient than the traditional lawsuit process.
At Banfield Couling, we have a unique Streamline Divorce℠ process that is perfect for parties that have or are able to reach a Pre-filing Settlement. In most cases, flat rates are offered once an agreement has been reached. Please contact us if you would like to find out more about this process.
PLEASE NOTE: This blog is not intended to constitute legal, financial and/or tax advice. We do not recommend making important decisions of the type addressed in this article without specific legal or tax advice by a licensed accountant or lawyer.