One of the biggest concerns when entering divorce proceedings is the emotional toll it can takeānot just on the separating couple, but also on their children. While we often hear about high-conflict or ānightmareā divorces, itās important to ask: can there be such a thing as a good divorce?
Many people attempt to navigate separation alone, hoping for an amicable outcome without professional support. DIY divorces and online services may seem convenient, but they often overlook the long-term implications for finances, parenting, and emotional well-being. Without proper guidance, the chance of a truly amicable divorce is left to chanceāand that can lead to unnecessary stress and unresolved issues.
What Is an Amicable Divorce?
An amicable divorce, or a āgood divorceā, is a separation where both parties work together to reach fair and respectful agreements. However, without unnecessary conflict, blame, or prolonged disputes.
While the couple may no longer be emotionally connected, they remain committed to resolving key issues constructively, especially when children are involved.
When a couple decides to divorce, several important matters must be addressed:
– Division of assets, finances, possessions, and pensions.
– Child arrangements, including living situations, schooling, and visitation.
– Long-term financial agreements ideally formalised through a clean break consent order.
Unfortunately, many couples begin the process with good intentions but without legal guidance, leading to misunderstandings, emotional strain, and breakdowns in communication. This often results in disputes that delay progress and increase stress for everyone involved.
By approaching divorce with cooperation and clarity, couples can protect their familyās well-being and increase the likelihood of achieving a good divorceāone that allows both parties to move forward with dignity and stability.
Why a Good Divorce Matters
A good divorce can reduce emotional stress, protect children from conflict, and avoid costly court battles.
It allows both parties to move forward with dignity and clarity, preserving long-term relationshipsāespecially where co-parenting is involved.
Steps to Achieve an Amicable Divorce
Seek Early Legal Advice ā Understanding your rights and responsibilities from the outset helps avoid misunderstandings.
Agree on Key Issues ā Discuss finances, property, pensions, and child arrangements early.
Use a Clean Break Consent Order ā This legally finalises financial agreements and prevents future claims.
Choose Non-Confrontational Support ā Work with professionals who follow Resolutionās Code of Practice.
Choosing the Right Solicitor
Selecting a solicitor who specialises in family law and is a Resolution member is crucial. These professionals are trained to resolve disputes constructively and focus on long-term outcomes. Look for:
– Client reviews and testimonials, such as review solicitors.
– Resolution accreditation.
– Free initial consultations.
A Resolution accredited solicitor will:
– Listen, be honest and treat you with respect.
– Explain all the options and give you the confidence to make the right decisions.
– Help you focus on whatās important in the long term.
– Help you balance financial and emotional costs with what you want to achieve.
– Work with others to find the right approach and the best solutions for you.
– Manage stress in what can be an already stressful situation.
– Have the experience and knowledge of Family law to support you through the divorce process, to be a Family law specialist.
Putting Children First
During divorce proceedings, it is quite easy to forget about the impact that the divorce can have on your children.
Children should never be caught in the middle of a divorce. Shield them from conflict and prioritise their needs when making decisions about:
– Living arrangements.
– Schooling.
– Maintenance and financial support.
Remember, your relationship as co-parents continues long after the divorce.
Reducing Conflict During Divorce
There are many ways for separated couples to keep conflict to a minimum. Once the divorce process has begun, you may consider living apart or minimising the time you spend together.
To minimise conflict:
– Avoid blame and accusations.
– Limit unnecessary contact during proceedings.
– Focus on solutions, not grievances.
– Use mediation or collaborative law where possible.
Alternative Dispute Resolution Methods
Court isnāt the only option. Consider:
– Mediation ā A neutral third party helps you reach agreement.
– Arbitration ā A private decision-maker resolves disputes.
– Collaborative Law ā Both parties and their solicitors commit to resolving issues without court.
Firms like Howells Solicitors offer specialists in collaborative law and can guide you through these alternatives. A family law solicitor will discuss your situation and options with you. However, finding a solicitor trained in collaborative law is rare, and only certain firms, such as Howells, have specialists in this area.
Understanding No-Fault Divorce
Introduced in the UK in 2022, no-fault divorce allows couples to separate without assigning blame. You simply state that the marriage has irretrievably broken down. This approach:
– Reduces hostility.
– Supports amicable outcomes.
– Simplifies the legal process.
No-fault divorces should increase the chance of an amicable divorce, as it removes the need to assign blame.
FAQs About Amicable Divorce
What is a clean break order?
A clean break order is a legal agreement that finalises financial arrangements between divorcing parties, preventing future claims. Itās essential for financial clarity and closure.
Can I get a divorce without going to court?
Yes. Many couples resolve issues through mediation, collaborative law, or solicitor negotiation, avoiding court altogether.
How does no-fault divorce work in the UK?
You apply for divorce jointly or individually, stating the marriage has broken down. No blame is required, and the process is typically more peaceful and efficient.
What support is available for children during divorce?
Support includes:
– Legal arrangements for custody and maintenance
– Emotional support via counselling
– Guidance from family law professionals focused on child welfare
What is Resolution and why does it matter?
Resolution is a UK organisation of family law professionals committed to non-confrontational divorce. Members follow a Code of Practice that prioritises respect, collaboration, and the best interests of the family.
Need Help Achieving a Good Divorce?
If youāre struggling with co-parenting or communication breakdowns, contact our family law solicitors today for expert advice and practical support.
Our family law solicitors can help with divorce proceedings, children matters and financial settlements including financial orders. They can support you through the entire process, and even help if you have dealt with a divorce yourself and are looking for support through the financial settlement or child contact.
The family law team also offer a free legal consultation to new clients. You can book an appointment by telephone, video call or in person.
Request a call back below or call us on 0114 2235 807 to book your free consultation today.