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Smart Negotiation at Every Stage of Divorce: Do’s, Don’ts & Power Moves

The Divorce Course Podcast

Release Date: 12/04/2025

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More Episodes

💡 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 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:

  • 1800 RESPECT (Family Violence Support – Australia)

  • 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.

 

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