Divorce is undoubtedly one of the most challenging experiences one can go through. Amid the emotional turmoil, negotiating a fair property settlement is a critical step that can significantly impact your future. Understanding the nuances of this process can help ease some of the stress. With our thorough understanding of the Family Law Act, we have compiled a simple list of tips to help you negotiate a fair property settlement with your former partner.
How to manage property settlement negotiations
Negotiating property settlements can be complex, but by following these steps, you can navigate the process more effectively and reach a fair agreement.
Step 1 – Disclose all of your financials and expect the same in return.
Transparency is paramount in property settlement negotiations. Both parties are required to disclose all financial assets and liabilities. This includes bank accounts, properties, investments, and debts. Full disclosure ensures that both parties are negotiating from a position of knowledge and fairness.
Step 2 – Determine what is in the property pool.
Before you can start negotiating, you need to establish what assets and liabilities are included in the property pool. This can sometimes be complicated, and hiring experts to value assets and liabilities can be beneficial.
Step 3 – Work out what is fair.
Once you have established what is in the property pool, you need to determine what constitutes a fair division. Factors such as the length of the marriage, contributions (both financial and non-financial), and future needs will be considered.
Step 4 – Find something to bargain with.
Offering something valuable to the other party that they may not obtain through court can be a powerful negotiation tool. This could include structuring the timing of property sales or superannuation splits.
Step 5 – Time your negotiations.
The timing of negotiations can play a crucial role in their success. If emotions are high, it might be best to delay discussions until both parties can approach the negotiations more rationally.
Step 6 – Reach middle ground and settle.
Settlements typically require compromises from both sides. A cost/benefit analysis can help you understand what you might gain or lose by holding out for more. Approach the settlement like a business transaction and use professional advice to guide your decisions.
What’s in the property pool?
Before you begin to negotiate a property settlement make sure you think of everything that could be included in the property pool. Sometimes, hiring experts on a joint basis helps to value assets in the property pool so your family lawyer can better negotiate your entitlements and reach a favourable financial agreement. Liabilities should also be thought of in property division processes. Getting an accountant on board can help you work out tax implications.
TIP: You won’t get a successful negotiation without knowing what needs to be divided. Think about bank accounts, superannuation, credit cards, mortgages, shares and even possible inheritances.
Give them something they can’t get elsewhere
Family lawyers can help find things the other party wants – and won’t possibly get in court. This could be timing sales of property such as the family home, structuring superannuation splits in certain ways or transferring assets from companies and trusts. Putting these things on the table can help you line your own pockets from money that might have otherwise gone elsewhere.
TIP: Be reasonable, don’t use children or other intangible things to manipulate your former spouse into giving you what you want. This only causes long-term and potentially lifelong problems.
Disclose quickly and don’t hold back
Muddying your figures or delaying financial disclosure is likely to make your ex’s lawyer think you are trying to hide something even if you are not. To reach a negotiated settlement, make sure you are open with your family lawyer and ex-partner and provide copies of all relevant documents and information.
TIP: Trying to delay or confuse your ex will probably lead to them asking for more information and potentially push the matter to court.
Time your negotiations to your best advantage
Timing is everything. If one party grudges, they might not budge in a negotiation. Additionally, if you’ve committed an act of infidelity or possibly made the choice to end the relationship you might be more inclined to give more than what you probably should once the settlement process is through.
In these cases, trying to negotiate property settlements when emotions have failed is nearly impossible. However, if your ex is the one that strayed or ended the relationship – you might be able to capitalise on their guilt by starting negotiations early.
TIP: Early negotiation and resolution are usually best in most cases to save legal costs however if the other party is still over emotional it might be best to delay.
Finding the middle ground
You can’t have it all, the fact is settlements only happen when both sides give something up. Before making any decisions try to do a cost/benefit analysis. Your lawyer should be able to advise you about alternative outcomes if you fail to reach a deal. At the end of the day, you should approach the property settlement as you would any other commercial transaction. Use the advice from professionals and make a commercial decision.
TIP: Use commercial sense here. The TV, fridge, couches etc, usually aren’t worth fighting over. You might win the battle but you will lose the war.
Conclusion
Navigating a property settlement during a divorce can be challenging, but with the right approach and professional guidance, you can achieve a fair outcome. Transparency, timely negotiations, and a willingness to compromise are key factors in reaching a settlement. Remember to approach the process with a clear mind and a focus on the bigger picture—your future.
If you’re going through a divorce and need expert guidance on managing your property settlement negotiations, contact us today. Our experienced family law team is here to help you every step of the way.
