We take a look the advantages of an amicable divorce and discuss how you can ensure that your divorce is as conflict-free as possible.
In theory, an amicable divorce is possible for every couple. In practice, there are various factors which can make an amicable divorce much more difficult. For example, if one party refuses to negotiate the financial settlement or decides to ‘contest’ or ‘defend’ the divorce, an amicable divorce may not be feasible.
In the vast majority of cases, an amicable divorce is advantageous – and achievable – for both parties.
Not only can keeping things civil be beneficial emotionally for all people involved (including any children), an amicable divorce can often be a quicker divorce, as disputes are not causing delays to the divorce process.
Communication is at the heart of an amicable divorce. If possible, try to keep communication lines open.
Normally, it can be helpful for both parties to agree on the contents of the divorce petition before submitting it to the court.
If you and your spouse can reach an agreement about how your finances will be split, this could save you both time and money. If not, other methods where you work together to reach an agreement, such as Collaborative Law or Mediation, can help to keep hostility to a minimum.
Court should usually be viewed as a last resort, as it can cause extra conflict and stress, as well as often being an expensive and lengthy process.
An amicable divorce may take less time than a divorce filled with confrontation, as arguments and disputes can cause delays to the process, especially with regards to the financial settlement.
What’s more, being able to talk to each other and not having all communications going through a solicitor, can save both time and money.
Usually, we would estimate that an amicable divorce could take around 6 months.
If you and your spouse are unable to reach an agreement about how your finances will be split, you may end up having to ask a court to decide for you. This can significantly add to the cost of your divorce.
What’s more, if one party decides to defend (or contest) the divorce, costs can easily spiral.
Due to the potential for more solicitor involvement (especially if the parties aren’t speaking) and the longer time it could take to reach an agreement regarding finances (and the possibility of having to go to court), an amicable divorce will usually cost much less than a divorce filled with hostility and confrontation.
An amicable divorce is achievable for the vast majority of people, as long as communication lines are kept open and both parties try their best to ensure that discussions are civil. An amicable divorce is particularly important when there are children involved, as it can make the divorce process less stressful for them and hopefully help to keep parents on better terms in the future.
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