Negotiation

Negotiation is the separation tactic used most often. This is when each partner hires a lawyer to help complete his or her financial statements, provide appropriate disclosure, and negotiate a resolution.

Negotiations tend to be undertaken by each partner’s lawyer speaking directly to one another with instructions from their client or in a four-way meeting where both partners and their lawyers are present. A four-way meeting is often the most productive form of negotiation as the partners are able to directly address the issues in a conversation, which usually results in fewer misunderstandings, and avoids the time and cost of written correspondence.

Negotiating a resolution is usually done in several steps. For example, if you are recently separated, you need to reach agreement as to what is going to occur in the short term.

This may involve issues such as:

  • Deciding when each parent will be with the children
  • How weekends will be shared
  • Who will live in the matrimonial home until a decision is made about whether it should be sold
  • What the interim financial arrangements will be
  • How joint bank accounts will be handled until the final resolution is reached