One of the most important skills you need when you’re getting divorced is knowing how to successfully negotiate your agreement. What makes this so difficult is that emotions can get in the way and then you can’t think clearly. You need to be able to put your emotions aside and think clearly through your divorce negotiations. Here are 3 key points you must keep in mind to negotiate your divorce agreement well. Your divorce agreement is simply a legal business transaction.
1. Your divorce agreement is simply a legal business transaction.
This is about your financial future. You wouldn’t make a business transaction without thinking through all of your options. Take your time to think through what the best decision is without being distracted by anger or revenge. For example, do you really want that old coffee table or picture just because he wants it? Emotions block you from having clarity about your priorities and end goals. I know divorce is an emotional time and you are hurting. It is important to deal with those feelings, but learn how to separate them and put them aside for a while. Make space and time for those feelings and then put them back on the shelf so you can focus on your finances and make smart decisions through your divorce.
2. Identify and rank your top priorities.
What are your priorities? What will you fight for? NOTHING ELSE is as important as this thing! Maybe it’s your retirement account, your schedule, where you live or if you keep your house. Rank 3-4 things that are the most important and realize you probably won’t get them all. Maybe you give up the #4 priority for the #1 priority. Knowing what matters keeps you laser focused and allows you to be flexible with the hundreds of other less important decisions that come up in divorce.
Separate short term and long term priorities. An example of a short term priority would be that you need your car repaired. A long term priority would be the custody arrangements. Your top 3-4 list should be long term priorities.
3. Know your ex’s priorities and be creative!
Think about your ex’s priorities. Do you know what’s important to them? If you discuss what matters to them as well as your own priorities, you can reach an agreement much quicker.. Tell your ex, “I don’t want this to drag on forever and spend all this money on attorneys. What is it that you really want? If you can tell me, I can try and make that happen.”
If your ex won’t share, use what you know about them and be creative! Let go of things that are not your highest priority. In my divorce, I realized I was digging in on short term things like season tickets when all that truly mattered to me was the parenting schedule. My ex, as a financial planner, felt strongly about certain financial assets. In the end, I let go of things my attorney wanted for me financially because I understood what mattered to my ex and what mattered to me.
5 helpful phrases to use in your negotiations:
Remember, this is a business negotiation. Nothing that your ex has done to you in the past matters now. Use these phrases in a businesslike manner and respectful tone to better understand your ex’s priorities so you can be an educated and creative negotiator.
Knowing your priorities in divorce makes all the difference with negotiating your agreement. If I had been clear on my own priorities and what mattered to my ex in the beginning, I would have saved SO MUCH MONEY in lawyer fees and arguments and bickering and stress. If you use the approaches I outlined, you are well on your way to negotiating a divorce agreement that works for both of you in the end.
Jill Barnett Kaufman, MSW, LCSW and Certified Parent Educator is an experienced clinician who helps clients discover new ways to resolve a variety of challenges and bring more happiness and peace into their lives.