Even the most amicable of divorces still isn’t going to be easy, and there are going to be emotions riding high on both sides. This can mean that negotiations are difficult to achieve (and that’s even more likely to be the case if the divorce is a bitter one), and sometimes settlements just aren’t fair to one or other party. When that happens, it can mean the divorce process is drawn out even longer with someone trying to get a better deal, or it can mean that healing after a divorce is more difficult because someone will always feel as though they were hard done by (which perhaps they were).
It’s vital for everyone to work as hard as possible to ensure they get a good, fair deal in a divorce, but it can be a challenge to make it happen, especially when two sides are fighting over the same things. However, there are some things you can do and put in place that will help you come to a conclusion both sides are happy with – for the most part, at least. Read on to find out what some of them are so you can have a contingency plan ready just in case there’s an issue with the settlement you’re offered.
Know Your Financial Situation
It will be hard to know exactly what outcome you want or expect unless you already know what your current financial situation is, so it’s wise to look into this and understand it thoroughly before you go into any divorce proceedings. This means you’ll need to carefully collect together all your financial information, such as bank statements, tax returns, property records, investment portfolios, and, of course, information about any outstanding debts you might have personally and as a couple.
Then you’ll need to take a look at each of these, working out how much everything is worth, as well as what your monthly outgoings and any other income might be, plus the cost of the divorce itself. Once you know how much money you’ll have to live on – which is essentially what this exercise is all about – you’ll have more control and possibly more power when you enter into negotiations, and at the very least, you’ll know whether you’re getting a fair deal that you can live with and on or not.
It’s also wise to know what your spouse’s financial situation is. Again, this will help you when it comes to asking for a fair settlement, but it can be hard to find out the information. Your spouse might deliberately be hiding money and assets from you because they don’t want to share it but know that they’d have to in a settlement. If you think this might be the case, you can hire experts to find out for you, and that can be worthwhile.
Find A Good Lawyer
You might not want to get a lawyer when you’re going through a divorce, but considering the complexities involved, engaging a skilled legal team like Prime Lawyers Parramatta can help ensure that you’ll get things done as efficiently as possible while protecting your interests. However, if you want to make sure you’re getting a fair settlement, a good divorce attorney is going to be crucial.
When you begin your search, you’ll need to find someone who specializes in divorce cases. In this way, you’ll know it’s likely they come across a situation like yours before, so they’ll already know what to do. Plus, the more specialized someone is, the more experience they’ll have, and the more they’ll be able to guide you when it comes to your settlement; they’ll know if something is fair or if it’s worth pursuing further.
Even better is the fact that your lawyer is the one who’ll do all the negotiating for you, and they’ll advocate for you so you have a much better chance of a deal that you can be happy with – that can make all the difference not just now but into the future as well.
Of course, in order for any of this to happen, your spouse will need to be served divorce papers, and if they’ve disappeared and you don’t know where they are (something that might happen if there is a lot of money involved, for example), you’ll need to find them as soon as possible. The best thing to do is hire a person tracing company to find them for you – most of the time, they’re not as well hidden as they think they are.
What Are Your Needs And Goals?
If you want a fair divorce settlement, you’ll need to definitely know your needs and goals before you start negotiating, otherwise what is it you’re going to be asking for, and what are you actually bargaining with?
Think about a wide range of different factors that might come into play and inform your decision-making, including childcare and child support, custody arrangements, the allocation or debts, and the division of assets. If you know exactly what it is you want to get out of proceedings, and you’ve considered all the important aspects of what might happen after a divorce and what your life might look like (and therefore what you’ll need in terms of support), then you’ll hopefully be able to work together to come to an agreement with your ex.
In many cases, no one wants to see their spouse get hurt during a divorce, so if you’ve carefully worked out what it is you need – and what you’re willing to give in return, of course – then you’ve got the perfect start (and maybe even end) to any negotiations. If things are more difficult because you can’t agree on anything and there’s anger involved, this is why your lawyer is going to be most useful – they’ll be able to work on your behalf and keep things as civil as possible.
Find Ways To Communicate
We’ve mentioned that having a lawyer is vital and that they can do all the negotiating and communicating for you if need be, but although this can be crucial, and it can be precisely what some couples need, if it’s possible for you to communicate with one another, even if it’s not face to face, that could be better – it’s just going to depend on what your relationship is like and how you feel towards one another.
If it is possible, think about the best ways for the pair of you to communicate. It could be that meeting up in a neutral space like a cafe or park might be a good idea if you think things could get heated, for example. Or perhaps emails are what will work; these can be useful as you’ll have a record of everything that was said, and you’ll both have a chance to think before you respond, ensuring you stay calm and as respectful as possible. Although text messages might be something you think about using, they’re such a fast method of communication that you might respond too quickly and say something you’ll regret. It’s much better to wait and think things through.
Whatever the outcome, and no matter how you choose to negotiate, it’s certainly worth trying. It might be too late to save your marriage, but that doesn’t mean you can’t still get along and work together for an outcome everyone can be happy with.
Document Everything
We’ve touched on this in the point above, but if you want to come away with a fair divorce settlement, it’s a good idea to document everything and keep records. Although hopefully things can work out by themselves (or perhaps with a helping hand from a lawyer), if you do have to go to court and fight harder, this evidence will all be useful
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