Although this will undoubtedly be one of the most stressful times of your life, there are ways to ensure the divorce process is as quick and cordial as possible.
Here we consider the best ways to keep a divorce ‘amicable’ – and get the best outcome for you and your family.
What is an ‘amicable divorce’?
Clearly, a divorce is never going to be an easy process. However, an amicable agreement will save money, time and stress for both parties. Deciding to agree with your partner that you are willing to listen, and to consider what’s best for your family will make this easier.
Avoid playing the blame game. Not only is it counter-productive, but it ultimately won’t change how things go. This is not the time for bringing out old grudges and being antagonistic. Blaming each other for faults in the relationship will likely cause further dispute, so it’s wiser to remain calm and constructive instead.
Perhaps the most beneficial aspect of an amicable divorce is that it is healthier for your children, and will cost a lot less financially than lengthy, messy court battles.
Once you and your spouse decide you’re willing to listen to each other, negotiating the big things first can really help keep things constructive and focused. Mediation is an alternative form of dispute resolution that allows ex-partners to make shared decisions with the guidance of a third party.
Having an independent party in the room while you go over matters will keep you both focused on your own end goals, and an experienced mediator will keep the conversation neutral.
It is advisable to seek assistance from a solicitor before and during the mediation process. They will be able to guide you through each stage, explaining you rights and your financial situation. A solicitor should draw up any legal agreements reached during the mediation process.
Mediation generally does not involve legal representation. An alternative is a collaborative approach, in which specialist collaborative law solicitors will work with you, your partner and their representative to bring matters to a reasonable end while avoiding court and litigation.
You will negotiate the terms of your amicable divorce through a handful of face-to-face meetings, and your solicitor will be present to offer you guidance as you go. You agree at the outset that neither of you will go to court.
Collaborative law allows you to work together whilst also bringing the support of legally trained counsel who will help you avoid pitfalls. Unlike mediation, solicitors are involved in the discussions rather than being behind the scenes. Many couples find this an effective and fair process, and it saves stress in the long run.
Of course, if it’s not possible to resolve matters civilly, a court process is the last resort. However, we believe the most successful, straightforward divorces come from both spouses being open-minded and willing to listen and communicate. With the right support, it is possible for both parties to move forward positively.
At AMD Solicitors, our experienced family solicitors can offer you guidance and support through this difficult process, and together we can work out the best way to take matters forward for you. Don’t hesitate to contact us today by calling 0117 962 1205 or by filling out a contact form