Smart Negotiation at Every Stage of Divorce: Do’s, Don’ts & Power Moves
Release Date: 12/04/2025
The Divorce Course Podcast
🎧 Listen to this episode if… You’re unsure whether your relationship legally counts as de facto Your ex is denying the relationship, the dates, or the level of commitment You want to know how de facto status impacts property settlement You’ve heard about the 2-year rule and want to know if it applies to you You’re wondering if having kids changes your legal rights You’re not married, but financially tangled, and don’t know where you stand You’re trying to prove you were (or weren’t) de facto You were “separated under one roof” and need clarity ...
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Listen to this episode if… You’re thinking about dating before your divorce, property or children’s matters are final Your ex has a new partner and you’re worried about parenting or property issues You’re unsure how the court sees new relationships in family law matters You want to know what’s okay, what’s risky, and what doesn’t matter at all Wondering if it’s okay to date while your divorce is still in progress? You’re not alone. In this episode, we unpack the legal, emotional, and strategic impacts of dating during divorce especially when children, property...
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Listen to this episode if… You're in a relationship or home where you feel unsafe You’ve left but still don’t feel secure You’re not ready to leave yet but want to prepare You’re supporting someone who may be experiencing abuse You want to understand how to help a friend or loved one stay safe You have a court or mediation event you need to attend with an unsafe ex 📌 Please remember this episode is for general information only and does not replace individual legal or safety advice. For immediate support in Australia, contact 1800RESPECT on 1800 737 732. When things feel...
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💡 Listen to this episode if... You’re navigating Christmas while going through separation or divorce You’re co-parenting and worried about holiday arrangements or conflict You feel pressure from family and don’t know how to handle it You’re confused about what to expect from lawyers or the courts over the break You’re worried about an emotional or legal crisis over the holidays ⚠️ Legal Disclaimer & Trigger Warning: This episode is for general education and discussion only. It is not legal advice. Always seek guidance from a qualified legal professional for...
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💡 Listen to this episode if... You're preparing for mediation or trying to negotiate privately What to learn the potential do’s and don’ts of negotiations in divorce You feel like your ex is “sitting pretty” and not engaging You want to know the difference between reasonable and risky offers You’ve made concessions early on and don’t know how to recover You want to avoid court, but still get a fair deal You are in court and want it over ⚠️ Legal Disclaimer: This episode is for general education and discussion only. It is not legal advice. Always seek...
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Listen to this episode if… You're feeling emotionally overloaded Everyone around you has an opinion and it’s stressing you out You're being pushed to make decisions faster than you’re ready for You’re not sure what’s a legal deadline vs. emotional urgency You’re feeling pressure from all sides to get things sorted You are overwhelmed 📌 Legal Disclaimer & Trigger Warning: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances. This discussion is based in Australia....
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Listen to this episode if… You're in the middle of a separation and unsure what advice to follow Friends, family, or Facebook have told you "what to do" You’ve heard you can’t leave the house without losing everything You feel pressured not to bring up domestic violence You’re confused about disclosure, super splitting, or property rights 📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances. This discussion is based in Australia. ALSO TRIGGER WARNING...
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Listen to this episode if... You’ve been offered child inclusive mediation and don’t know what to expect You’re worried about how separation is affecting your child You’re in a high-conflict co-parenting situation or dealing with coercive control You’ve been told that involving your child in mediation will “help” You want to make informed, child-centered decisions in your family law journey 📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances. This...
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Listen to this episode if... You’re newly separated and trying to figure out parenting arrangements. You don’t have court orders yet and things are already getting tense. Your ex is unreliable, manipulative, or emotionally unpredictable. You're feeling pressured to agree to arrangements that feel unsafe or unfair. You want to avoid court but don’t want to be taken advantage of. Trying to co-parent after separation without court orders? This episode offers a general discussion that may help you better understand the common challenges many face during this stage. Mum and I...
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Listen to this episode if... You're divorcing or separating from someone who owns or runs a business. You're in a family business with your ex and things are getting murky. You suspect your ex is hiding assets or undervaluing the business. You’re overwhelmed by the complexity of business valuations in divorce. You're preparing for mediation or court and want to understand your options. 📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances. Divorcing a business...
info_outline💡 Listen to this episode if...
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You're preparing for mediation or trying to negotiate privately
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What to learn the potential do’s and don’ts of negotiations in divorce
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You feel like your ex is “sitting pretty” and not engaging
-
You want to know the difference between reasonable and risky offers
-
You’ve made concessions early on and don’t know how to recover
-
You want to avoid court, but still get a fair deal
- You are in court and want it over
⚠️ Legal Disclaimer:
This episode is for general education and discussion only. It is not legal advice. Always seek guidance from a qualified legal professional for your specific situation.
⏱️ Episode Timeline: Smart Divorce Negotiation Strategies That Actually Work
00:00 – Introduction to Divorce Negotiation Strategies
Why negotiation matters and how to approach it with confidence.
00:33 – Meet the Hosts + Legal Disclaimer
Who we are and a reminder this episode is for educational purposes only.
01:15 – Understanding the 3 Stages of Divorce Negotiation
How strategy shifts between early separation, mediation, and court prep.
03:40 – Early Stage Negotiation Tips: Don’t Rush, Repackage Your Offer
Using smart presentations to make your offer sound more appealing.
07:54 – Mediation Tactics: Window Dressing and Framing Percentages
How to reshape your proposal to match your ex’s language and values.
20:04 – Mid-Stage Negotiation: When to Turn Up the Heat
Signs it’s time to get firmer and more structured in your approach.
22:05 – Using Real Court Cases to Support Your Offer
Legal precedents and examples that make your proposal more persuasive.
26:09 – Common Myths and Mistakes in Divorce Negotiation
Misunderstandings around legal advice and negotiation timelines.
27:29 – The Risk of Delaying Legal Action Too Long
What happens when you wait too long to formalize your agreement?
28:01 – Understanding Pre-Action Procedure Letters and Legal Guidelines
What they are, why they matter, and how they shape negotiation.
28:58 – Using Legal Costs as a Leverage Tool
How to show what delays or refusals could cost in real terms.
29:23 – Should You Mention Court in Negotiation? When and Why
Using the “threat of court” wisely to re-engage a stalled process.
33:02 – Smart Strategies for Writing Pre-Action Letters
How to set the tone and expectations before heading to court.
34:53 – Court Door Negotiation Tactics: Calderbank Offers and Timing
Last-minute strategies that could settle your case without trial.
38:53 – Do’s and Don’ts of Divorce Negotiation
The best and worst moves people make—and how to avoid mistakes.
51:21 – Final Thoughts: Confidence, Control, and Long-Term Focus
Why the goal is clarity, closure, and fairness—not “winning.”
📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances. This discussion is based in Australia. Warning discussions for Family Violence occur in this episode
Resources
Central Practice Directions
https://www.fcfcoa.gov.au/fl/pd/fam-cpd
Free Disclosure Checklist
https://www.thedivorcecourse.com.au/disclosurechecklist
FCFCOA Judgements - Cases
https://www.fcfcoa.gov.au/judgments
Episode Links
Pitfalls of percentages in Negotiations Early On
https://open.spotify.com/episode/6bxTgrdymCeW16Q7z5njUe?si=RWmY0i9eTuyWdUNQIuKNQg
https://youtu.be/o1n16TyarUo?si=hdxY73U3ZZ4gJ3Uj
Boundaries in Divorce
https://youtu.be/5KSMYe6ctVE?si=KyJGKYneiBek41fe
Costs and Calderbank Offers
https://open.spotify.com/episode/2B2Se7hTIBAOg5f5YJ5wqE?si=EUOrEmeAQCWr6BOFt3RtuQ
https://youtu.be/0OKhDB8s3As?si=Vub2ujv1mapniv8L
Divorce Dynamic, balancing power with progress
https://open.spotify.com/episode/5I3WfPNkXncss2EI5jJwD1?si=YsTIkKDXTiqFIyDN7Qwn-g
From no no no to Ho Ho ho in your divorce
https://open.spotify.com/episode/3K7q02MlJr1VRteK7uJyTe?si=C1dm9sHMTV2NUuagpYllWw
🚨 Support Services:
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1800 RESPECT (Family Violence Support – Australia)
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Lifeline: 13 11 14 (Crisis Support – Australia)
📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances.