Does “Without Prejudice” really work?

[Fobbed-Fodder]

Soc

I found this in one of the articles on this site:

(If you simply must communicate directly to your spouse regarding matrimonial issues, do so in a written note.  You can organize your thoughts better that way and avoid a verbal joust.  Do not use inflammatory language – stick to the facts.  Date the note and write "Without Prejudice" at the top (this protects you from later use of your note against you).  And keep a copy of it for your files.)

My questions are;

1.)   Does "Without Prejudice" really work?

2.)   How affective is this  "Without Prejudice" ?

3.)   Can a note to a spouse, non-threatening of course, with this header
         not be used as evidence in court?

4.)   Should a note containing this header be hand delivered or mailed
         rather than e-mailed?

Thanks Soc, hope you have some good down time.

Fobbed-Fodder

[socrateaser]

>My questions are;
>
>1.)   Does "Without Prejudice" really work?

Without prejudice in a letter means that the statements made in your letter are not intended to act as an admission of liability on any issue. However, if it were me I would be extremely careful about admitting anything to anyone in writing, because, if a judge reads your letter, he/she may find you liable on those facts regardless of what you write.

The rules of evidence prevent offers made as part of negotiations to settle legal claims to be admissible in court. And, attorneys usually honor each other's correspondence as priviledged. However, just because a statement isn't admissible to prove liability, doesn't mean that it might not be used to prove something else, like for instance, if you admit that you haven't paid support for six months, you may not be admitting liability for failing to pay, but you damn sure are admitting that you didn't pay child support for six months.

>2.)   How affective is this  "Without Prejudice" ?

About as effective as Smith's Cherry Cough Drops are at curing Strep Throat.

>
>3.)   Can a note to a spouse, non-threatening of course, with
>this header not be used as evidence in court?

See above.

>4.)   Should a note containing this header be hand delivered or
>mailed rather than e-mailed?

A note containing that header should be thrown in the trash before mailing.