All eyes still remain on Brexit whilst we wait so see whether an amicable divorce can be achieved from Europe. But is it ever possible to have an amicable divorce or separation?
Having practised as a Family Solicitor for the past 20 years I can provide an affirmative to this question but it does require a determination by both parties as well as the support of both their legal advisers in order to achieve this outcome.
Good communication is a key factor in order to have an amicable divorce. Parties who are able to reach an agreement directly whether by means of a round table meeting with their legal advisers present, or through the assistance of mediation, often stand a better chance of remaining amicable rather than those who immediately rush to the court room. Although court proceedings are sometimes necessary, it can often be construed by the other party as an aggressive act and therefore put barriers in place of communication being maintained.
If Children are involved, then any negotiations which take place must have the Children at the forefront of these discussions. It is important to remember that you will still have to parent your children together once you are separated or divorced and that children will also benefit from their parents having a good relationship. And remember that even when children are aged over 18 they will still benefit from their parents being able to get on especially on special occasions such as weddings and christenings.
One additional obstacle which may stand in the path of an amicable divorce is the current divorce system in England and Wales which does not currently provide for a no fault divorce unless the parties have been separated for a period of at least 2 years. Unless you are prepared to wait the 2 years then one of the parties must file a divorce petition based upon either the adultery or unreasonable behaviour of the other party. One way around this is for both parties to agree the facts of unreasonable behaviour. Alternatively, if both parties are happy to wait 2 years from the date of separation then it may be possible to agree the terms of financial settlement in the meantime which can be recorded in a Separation Agreement.
There are many advantages of achieving an amicable divorce or settlement not just for any children of the family. There can be a considerable costs saving for both parties as well as an earlier conclusion to the proceedings.
At Holmes and Hills Solicitors in Sudbury our family solicitors are committed to a conciliatory and amicable approach when assisting clients. All our solicitors all members of Resolution prescribing to the Resolution code of practise. Sue Wardropper is also a trained Collaborative Lawyer. We hope to achieve an outcome for our clients in a non-confrontational way therefore hoping that an amicable divorce or separation can sometimes be achieved.
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