'Without Prejudice' Offers ========================== what is a "without prejudice" offer? ------------------------------------ Put simply, "without prejudice" means that any statement made by a party to try to settle a dispute will not be used against them in court. For an offer to be "without prejudice", it must be considered a genuine attempt at settlement. In divorce proceedings, a "without prejudice" offer is a confidential proposal made during negotiations which cannot be used as evidence in court. This encourages open and honest discussions between parties as they are able to negotiate freely without fear of prejudicing their case. A "without prejudice" offer is very different to [open offers](https://vardags.com/law-guide/financial-proceedings/open-offers), as open offers are shown to the court. If the parties are unable to come to a settlement and the case proceeds to a contested [final hearing](https://vardags.com/law-guide/financial-proceedings/final-hearing), the presiding judge should be unaware of the parties' "without prejudice" offers, and so the judgement cannot be influenced by them. However, there is an exception. If the statement "without prejudice save as to costs" is used, it signifies that while substantive discussions and proposals made during negotiations are prohibited from being utilised in court, the court may consider them when calculating [legal costs](https://vardags.com/law-guide/financial-proceedings/costs-orders) at the end of the case. Such offers made "without prejudice save as to costs" are called '[Calderbank offers](https://vardags.com/law-guide/financial-proceedings/calderbank-offers)'. This principle is used more frequently in civil proceedings over family proceedings. This means that whilst the substantive discussions and offers made during negotiations are protected from being used in court, they can be considered by the court when considering the costs at the end of each case. For example, a party may want to refer to the other party's conduct or approach to the negotiations. After the court has dealt with the substantive issues of the case, the judge can be asked to consider the 'without prejudice save as to costs' communications to decide whether there should be any costs consequences for either party. *Vardags' team of top divorce lawyers delivers a bespoke legal service to HNW and UHNW individuals, their families, and businesses.* **If you're considering or going through a divorce and have any concerns about offers and costs or need assistance understanding potential outcomes, we can help. Click below for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) Related Guides -------------- ['Without Prejudice' Offers](https://vardags.com/law-guide/financial-proceedings/without-prejudice-offers "'Without Prejudice' Offers") [Calderbank Offers](https://vardags.com/law-guide/financial-proceedings/calderbank-offers "Calderbank Offers") [Costs Orders in Divorce](https://vardags.com/law-guide/financial-proceedings/costs-orders "Costs Orders in Divorce") [Open Offers](https://vardags.com/law-guide/financial-proceedings/open-offers "Open Offers") The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.