Often, when couples are involved in divorce and financial remedy proceedings they can become embroiled in disputes regarding issues relating to their finances and children, which can impact any relationship they have after their divorce has been finalised.
However, a divorce doesn’t necessarily have to be acrimonious. It can be an amicable process. To ensure a civil split, there are a few key things for individuals to bear in mind.
Top tips on having an amicable divorce
1. Don’t apportion blame for the breakdown of the marriage
It’s often easy for a person in a relationship to blame their partner for the breakdown of the marriage. Whilst the introduction of no-fault divorce in April 2022 means that specific reasons for marital breakdown no longer have to be set out in a divorce application, the reality is that separation is often triggered by a specific event or a build up of issues over time that may result in one spouse blaming the other for the breakdown of the relationship.
In other cases, parties drift apart or find them selves with differing perspectives or goals in life that no longer align.
Whatever the reasons for the breakdown of a marriage, try to focus on the future, maintaining a civil relationship with each other for benefit of the children and to ease the process of dealing with the other aspects of separation such as the division of assets. Focus on the process of resolving the issues that arise and try not to dwell on the behaviour of the other party if you can. Seeking support from professionals such as counsellors or coaches to help manage your approach could help ease the process and reduce legal fees that will invariably increase if the relationship between you and your ex-spouse becomes too acrimonious.
2. Concentrate on what’s most important
When there’s already a lot of tension, it can be easier for one or both parties to dispute every aspect of it, for example, the assets from the marriage. This can delay the divorce further and worsen the relationship.
It’s recommended that each divorcing person thinks about what’s most important to them, for instance, finances, the home, etc. and then discuss them in a calm manner with their ex-partner as early as possible.
3. Be honest
When divorcing, the court asks that both parties provide full and frank disclosure of all their financial circumstances. In some cases, parties will try to hide assets to stop them from being taken into account in proceedings.
There is also the possibility that a person may attempt to dispose of assets, transferring them into the name of another person or by reducing their equity ownership of a property or spending or transferring earnings.
If the other party and the court finds out, the hidden assets will be included in the financial settlement between the divorcing parties. There is also the possibility the individual could be penalised for hiding their assets, including paying for the other side’s legal costs or being ruled against less favourably.
If it is discovered that a person did not disclose all their assets at a later date, they can, in some cases, reopen the financial case.
4. Think about the children
It’s painful to see a marriage end in divorce and that situation is only intensified if children are involved. This is why keeping things friendly is of paramount importance. By agreeing on aspects of the divorce in an amicable way, including who the children will live with or spend weekends with, for example, it means both separating parties will be able to co-parent successfully going forwards.
5. Settle things through mediation or collaborative law methods
Not all divorces have to go through court and potentially become acrimonious. The process can often be resolved via Alternative Dispute Resolution (ADR) proceedings such as collaborative law and mediation. Both of these methods aim to resolve key aspects in a fair, constructive way – face-to-face. Despite the restrictions currently in place as a result of the coronavirus pandemic, ADR can still take place virtually via video conference with mediators and collaborative lawyers.
Collaborative law enables parties to discuss and agree on how the financial matters and arrangements for children will be dealt with, at their own pace, in meetings with the support and guidance of specially accredited collaborative solicitors. If appropriate, any agreement reached, particularly in respect of financial matters, can be made legally binding.
Mediation involves the parties meeting together with a trained, impartial mediator to assist in resolving their disputes. The mediator does not give legal advice in favour of either party but both can have access to legal advice away from the mediation sessions. Again, any agreement reached in respect of children or matrimonial finances can be made legally binding.
Going through a divorce is never going to be an easy process. However, by having an amicable divorce, the benefits are a better relationship with your ex-partner and reaching a friendly financial settlement in respect of your matrimonial assets.
How can Nelsons help?
Emma Davies is a Partner in our family Law team, which is ranked in Tier One in the independently researched publication, The Legal 500.
If you need advice on Trusts in divorce proceedings or any other family law-related matter, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide along with details of our hourly rates and fixed fee services.
Emma can be contacted on 0800 024 1976 or contact us via the online form.
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This article is for information only and does not constitute legal/financial advice. Please contact us for advice tailored to your specific position. Some of the content presented on our website has been generated with the assistance of Artificial Intelligence (AI). We ensure that all AI-generated content meets our high standards for accuracy and relevance.
