There are clear benefits in achieving an amicable divorce or separation. If you and your spouse are able to retain an amicable relationship and keep the lines of communication open there are benefits for you, your spouse and most importantly it is so much better for the children.
An amicable divorce is cheaper and quicker. It is the arguing that often costs the money in respect of legal fees.
Consider at the outset how much it matters to you what the outcome is for your spouse/partner. Consider what kind of relationship you want to have with your spouse or partner in the future as parents of your children. Do you want a solution which is fair to you both and to your children? What will you be willing to compromise on to achieve this?
If your children are young you will have to continue to have an ongoing relationship with your spouse as you co-parent. Even if your children are grown up it is likely that you will continue to have an ongoing relationship for the benefit of your children. Just because our children are over 18 doesn’t mean that we don’t provide them with a home and lots of support, both emotional and financial.
If you are able to reach an amicable agreement, a solicitor can assist you in having that agreement incorporated into a legally binding Order. If you are divorcing your spouse this can be done by way of a Court Order. Your solicitor will draft a Court Order which once approved by both parties is sent to the Court signed by both parties for a Judge’s approval. The Court Order often referred to as a Consent Order is sent to the Court with a Statement of Information for a Consent Order. The Statement of Information for a Consent Order should be an accurate picture of both parties’ current financial positions. The Judge will consider the Statement and the Order before him and if approved will seal the Order which means that it will be legally binding.
As a solicitor I would strongly advise that you have any agreement reached incorporated into a legally binding agreement. If you have an amicable relationship with your spouse and matters are agreed, a legal agreement means that you are both committed and things should not change in the future unless you both agree. If you don’t have a legal agreement any arrangements between you are open to dispute in the future.
Unfortunately it is often the case that things do change in the future or small misunderstandings will occur and sometimes third parties become involved and change the dynamic. If you have your agreement legally drawn up it will prevent such disputes and arguments arising or previously agreed arrangements being changed without your mutual consent.
If you have not reached an agreement with your spouse but are determined to keep matters amicable and achieve an amicable settlement it is important that your instructed solicitor is aware of your intention.
At Holmes & Hills solicitors our divorce and separation solicitors are committed in moving forward with an amicable and non-confrontational approach. The last thing we want to do is to make things more difficult for our clients. We are here to provide our clients with legal advice and support through a very difficult process. We do not want to make things more difficult for you. Our solicitors are also all members of Resolution prescribing to the Resolution code of practice. We wish to resolve matters for our clients in a non-confrontational way believing family law disputes should be dealt with in a constructive way designed to preserve people’s dignity and to encourage agreement.
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