Negotiating a Divorce Settlement with Your Spouse
If you are considering a divorce, it is crucial to ensure you can negotiate a fair and equitable settlement with your spouse, which can be achieved through collaboration or by working with a divorce lawyer.
Negotiating with your spouse can preserve and enhance the relationship between you and your spouse once an agreement is reached.
Negotiating instead of litigating will reduce divorce costs and delays for divorcing couples.
In this article, we offer some tips on how to approach the process of negotiating your divorce settlement.
Understand Your Situation and the Law
To determine which items are marital and which are individual, both parties must review their finances, assets, and debts. This should be clearly identified before any fair divorce settlement can be reached.
It is equally important to familiarise yourself with the relevant laws in Singapore about divorce before discussing or negotiating your agreement with your spouse. It would be best if you familiarise yourself with things like: -
Have Realistic Expectations
Negotiating a divorce settlement can be complicated and emotional, so it is important to have realistic expectations when reaching an agreement. Remember that there may be some aspects of the divorce that you cannot negotiate on, so try to focus on getting an agreement on areas where both parties have common ground.
Consider Hiring a Divorce Lawyer
If you are feeling overwhelmed by the process of negotiating a divorce settlement with your spouse, then it might be worthwhile to consider engaging a legal professional for assistance. A divorce lawyer will offer guidance and advice to ensure you understand your rights throughout the negotiations.
In addition, it may be helpful to seek the guidance of a divorce mediator well-versed in divorce negotiations. They can provide an objective perspective and help facilitate productive discussions between you and your spouse.
It is also important to consider the long-term consequences of any decisions made during the negotiation process.
Make sure to fully understand the terms of any agreements before signing them, and consult with a legal professional if necessary.
Compromise is key to reaching a fair and mutually beneficial agreement. When negotiating, it is important to remain calm and respectful and to communicate openly and honestly with your spouse.
Listen to your spouse’s concerns and needs, and be willing to make concessions to reach a compromise. Remember, the goal is to reach an agreement that works for both parties, not just one.
Try Collaboration Instead of Litigation
Collaborative Family Practice (CFP) is an alternative dispute resolution process allowing couples to come together without court proceedings. In such cases, both parties (each with their lawyer) work together to find the best solution for everyone involved. The Collaborative approach is considered a more desirable route than traditional litigation as it requires both sides to be flexible and collaborative to reach an agreement faster.
Read more: Collaborative Divorce FAQs
Gloria James-Civetta & Co can help you and your spouse reach an amicable agreement and simplify the divorce process. Founding lawyer, Gloria James, has successfully mediated many collaborative divorce cases. She is also a Member of the International Academy of Collaborative Practitioners.
These tips can help you increase the chances of a successful settlement. One that is fairer and that all parties are happy with. Remember that the negotiation process aims not necessarily for either party to ‘win’ but rather to ensure that all parties are left satisfied with the outcome.