Amicable Divorce UK Q&A
A short Q&A for those looking to divorce amicably in the UK
What Does Amicable Divorce Mean?
An amicable divorce is one in which the couple works together to achieve a legal outcome which is fair to them both and their family. Divorcing couples can approach every aspect amicably, from the division of their finances, and maintenance, to arrangements for their children. It does not necessarily mean the former spouses are friends when the process is complete, or that they are getting along well. It just means that they would like, as far as possible, to be civilised and fair, both to themselves and each other.
The benefits of amicable divorce are that separating couples are likely to reach agreement on the legal issues more quickly, and for much less overall cost, than if they end up having to fight each other in contested litigation in a Court. An amicable divorce almost always means an uncontested divorce.
For more read Untamed Divorce
How To Get Through A Divorce Amicably?
The best way to get through a divorce amicably is to recognise that the only way to do so is to work together. The Family Court is unlikely to endorse a deal which is far better for one of you than the other; it will be looking for an outcome which is fair to you both and any children you have. Any agreement you reach as to the division of your finances has to be approved by a Family Judge for it to be binding, so the sooner you start approaching your situation in the way a Family Judge would, the better.
Keeping lines of communication open is key. Most divorcing couples have not been through the divorce process before, so a good place to start is seeking joint advice from a financial adviser, to understand your financial picture, and from a shared lawyer, so you can both have an impartial analysis of the legal landscape and how it applies to you.
For more read Divorcing Well In 2021
How Much Does An Amicable Divorce Cost?
The Divorce Surgery operates on a fixed-fee basis, so we can give you clarity and peace of mind from the very start. As with any amicable divorce case the total fee will depend on the complexity of your situation.
We offer completely free and impartial guidance calls so you can find out more about our process before you commit.
For more read All You Need To Know About The Financial Cost Of Getting Divorced
How To File For Amicable Divorce?
There are three key legal components to a divorce:
- The Divorce Application – following the recent introduction of the ‘no fault’ divorce legislation, you can now jointly file for divorce. At The Divorce Surgery we enable couples to share a lawyer and draft the divorce together in an amicable way.
- The Division of your Finances – for an agreement about your finances to be binding, it must be approved by a Family Judge. At The Divorce Surgery, we advise couples together as to what a Judge would consider fair in their situation, so they can reach an amicable agreement. We then prepare a consent order on their behalf which they can, together, submit to the Family Court for approval.
- The Arrangements for your Children: if you both agree what the arrangements should be there is no role for the Family Court (or lawyers) at all. The law recognises that you, as parents, are in the best position to decide what is right for your children. However, sometimes parents cannot agree. In those situations a good place to start is some joint advice. At The Divorce Surgery, we offer a 4 week Living Apart Parenting Together service which enables parents to obtain advice, together, from one co-parenting expert and one family lawyer, for a fixed fee.
For more read Divorce Doesn’t Need To Be A Battle
If you have more questions about amicable divorce in the UK, or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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