How To Negotiate a Divorce Settlement Agreement

Negotiating divorce settlements is a standard aspect of the divorce process. However, negotiations can become complex and stressful due to child custody and visitation, division of marital assets and debts, and finances. For some couples, this part of the divorce is relatively straightforward, while others need additional support and guidance from a divorce attorney in Phoenix.

At Lincoln & Wenk, we offer legal representation for individuals going through divorce. We have decades of experience protecting and advocating for the rights of our clients. Here, we explain the mediation and negotiation process and offer tips to make them more effective and less overwhelming.

Ways Couples Create Divorce Settlement Agreements

The ideal way to reach a marital settlement is for both parties to have an agreement up front regarding their situations. Sometimes, that may include a face-to-face conversation, although that can be difficult if the marriage was stressful or harmful.

The good news about negotiating divorce settlements is that an in-person conversation may not be necessary. Depending on a couple’s situation and preferred method of communication, negotiations may take place through various channels, including by email and over the phone.

Unfortunately, disagreements can occur during negotiations. If no one can agree on divorce terms, it may be up to the courts to decide everything. However, you can maintain more control over those terms by working with your partner.

The Problem With Positional Bargaining

People sometimes view negotiation as a way to have everything they want post-divorce without offering anything substantial in return. In divorce, that may look like position bargaining, which is similar to drawing a hard line in the sand. If you take this stance at the beginning of negotiations, it can bring your divorce to a standstill.

Suppose you start the negotiation process by refusing to accept less than 50/50 custody of the children you share with your partner. If they do not agree to your positional bargaining tactic, the decision will be left for the courts to decide.

By taking this route, the judge may award 70/30 custody in favor of your partner, which means you would have less custodial time with your children. It may also prolong your divorce process, which can lead to increased legal expenses and added stress.

What To Consider During the Negotiation Process

What should couples do when negotiating divorce settlement agreements?

Start With the Goals and Interests You Both Agree On Now

Sometimes, couples align with similar goals, interests, and concerns. If you and your spouse agree on elements like marital asset division or temporary spousal support (alimony), bring these discussions to the negotiation table first.

It is usually easier to reach an agreement when both parties are in alignment, even if they do not agree on everything. Once an alignment is in place, both spouses can work out the specifics together to ensure favorable outcomes.

Focus on Marital Assets, Spousal Support, Child Support, and Child Custody

When negotiating a divorce settlement agreement for a marriage involving children, you would likely focus on four areas: asset division, child custody, child support, and alimony. Regarding alimony, the negotiation process would determine who will pay or receive spousal maintenance. You must also outline how long the support will last, the amount, and the preferred payment method.

For child support, both parties must decide who will pay for health insurance and other expenses. You would also need the guideline support amount, which is what a parent would pay if the child support case were to go to court.

Child custody can take time to negotiate, as it determines which parent will have legal custody, if both parents will have joint legal custody, and who will have physical custody of the child. Through negotiations, you and your partner will outline the terms of visitation and how the children will split time between parents for holidays, weekends, vacations, and special occasions.

To reach an agreement on asset division, you would first list all community property and marital debts. Then, you would propose who will receive each asset or be responsible for each debt. In some cases, the splits are nearly equal, but that doesn’t always happen.

Seek Professional Assistance From a Divorce Attorney

Negotiating divorce settlement agreements is something divorce attorneys know how to do. Their knowledge and years of experience handling divorce cases make them the ideal source for legal guidance and answers to questions you may have about proposed agreements.

While it is reasonable to expect the initial agreement proposal to go back and forth between you and your partner, having legal representation will protect your interests during the negotiation process. Your attorney can examine the proposed settlement agreement and explain its terms in plain English.

Their in-depth understanding of divorce law and advocacy will help you make informed decisions regarding your post-divorce life. You will also have a clear understanding of your post-divorce obligations, which helps reduce the risk of complications in the future. For instance, the divorce settlement agreement will outline which marital debts you will be responsible for and which assets you will retain.

Tips To Follow Before Negotiating Your Divorce Settlement

Negotiating divorce settlement agreements requires communication and cooperation from both parties. However, divorce can be an emotional ordeal. Consider these tips to make the process more productive for you and your family.

Don’t Focus on the Problem

It is not usual for emotions to run high when ending a marriage. As such, it can become easy for spouses to become overwhelmed with emotions like anger, sadness, and regret. In some cases, emotions can become intense, which can impact divorce settlement negotiations.

Rather than putting all of your attention on your spouse, try focusing on the problems at hand. Taking this approach helps separate feelings from issues, which can help parties reach agreements sooner rather than later. Stick to one problem at a time, and stay objective.

Acknowledge and Regulate Your Emotions

When emotions become overwhelming, people sometimes respond to disagreements in an emotional manner. In other words, they cannot stay objective and focus on issues discussed during negotiations.

Still, it is essential to regulate your feelings before starting negotiations. If you act out of character due to being emotional while negotiating your divorce settlement agreement, your partner and their lawyer will know your triggers. This information can work to their advantage because you would not be thinking clearly or making rational decisions regarding the divorce settlement terms.

Part of regulating your feelings is understanding that your spouse may also be emotional. Even if their feelings do not mirror yours, it is important to recognize their perceptions and emotional triggers. You will be better able to handle their perceived reality, which can aid in negotiations.

Provide Facts

You may feel the temptation to provide misleading or incorrect information to your spouse during negotiations to protect yourself, your assets, or your children. However, when either party lies, omits information, or provides misleading details, negotiating a fair settlement becomes challenging.

Suppose your spouse tries to hide assets to ensure that they have a better outcome than you in the divorce. The court may uncover the assets despite your spouse’s efforts, which can lead to sanctions and lost money. The ideal way to ensure a fair outcome in divorce is for both parties to provide factually correct information, especially regarding their finances.

Be Willing To Communicate

Negotiating divorce settlement agreements with people who do not communicate well can be difficult. People may speak defensively or stop talking altogether when their partners act emotionally or make tough demands. They may use disrespectful language or go above and beyond to make the negotiation process as difficult as possible for their spouses.

All parties must be willing to communicate. When problems between a couple are too extensive for civil conversations to occur between them, their lawyers will communicate with each other on their clients’ behalf. Stonewalling, whether by a spouse or an attorney, is not ideal, and it can extend the divorce process.

Provide Full Financial Disclosures

A great way to ensure accuracy and transparency is to complete your financial disclosure. Both parties must complete them. If you think your partner’s disclosure is incomplete, you could inquire about hiring a forensic accountant, who may uncover hidden assets and debts or reaffirm the accuracy of the provided financial disclosure.

The disclosures are applicable beyond outlining financial facts. The documentation can also shed light on how much overhead a person has in relation to how much income they bring in. That information can help determine fair alimony and child support amounts.

Turn to the Attorneys at Lincoln & Wenk for Guidance and Representation During Your Divorce in Phoenix

Although the divorce process often includes negotiations between spouses, you do not have to go through the experience alone. At Lincoln & Wenk, our attorneys have a deep understanding of the mediation and negotiation process, allowing us to represent our clients’ interests and pursue favorable outcomes.

We have years of experience negotiating divorce settlements for clients in Phoenix, Arizona, and the surrounding communities. To request a consultation with a divorce lawyer at Lincoln & Wenk, call (623) 294-2464.