What does amicable divorce mean?
So, you’ve decided to call it a day on your relationship. That doesn’t mean you have to face distressing disputes over who gets what, hefty litigation fees or a lifetime of hostile exchanges. Not to mention the harmful impact of these experiences on the rest of your family. Whatever the nature of your split – be it mutual or not-so-mutual, sudden or a long time coming, involving little ones or large assets – an amicable divorce agreement is possible if both parties commit to keeping things civil.
While there’s no doubt that trying to remain friendly throughout one of the most stressful moments of your life will be challenging, there’s also no underestimating the value of minimising conflict (particularly if you’re co-parenting). And that’s what a peaceful separation is all about.
But what exactly is an amicable divorce and how do you go about it?
Below, we’ll delve into what this term actually means, as well as its benefits and processes, so that you can turn over a new leaf without litigation.
What is an amicable divorce?
Above all, an amicable divorce is civil. Almost always the same as an uncontested divorce, both parties agree to the terms of property settlement, spousal support and parenting arrangements without significant dispute.
Think respectful exchanges and smooth negotiations instead of heated arguments and lengthy litigation. However, know that you are not expected to remain best friends (or even friends, if you’d rather have a clean split) with your former spouse when it’s all done and dusted.
Reasons for amicable divorce
The approach you take to your divorce will set the foundation for all future interactions with your former partner – and their implications. That’s why it’s smart to call it quits on civil terms, securing an amicable divorce agreement that keeps things fair and friendly.
Still not convinced? Below are the chief reasons why you should consider making the effort to have an amicable divorce.
LESS LEGAL FEES
The key benefit to reaching an amicable resolution is its relatively low cost – an uncontested divorce is generally the least expensive way to untie the knot.
In short, fewer disputes mean fewer legal bills. Instead of paying litigators, accountants, process servers and other professionals needed for a full Court proceeding, you can save your money for what really matters, like ensuring your little ones will always be taken care of.
QUICKER, CALMER RESOLUTION
If you go down the long, winding route of a litigated divorce, you and your former spouse may waste years arguing over every last detail. Dredging up the past and dragging in matters that initially weren’t even relevant, it’s a slippery slope to a seemingly never-ending battle.
While no separation is sunshine and rainbows, the civil negotiation process involved in an amicable divorce settlement makes for fewer court visits, less emotional hardship and a speedier resolution. This approach is not only more private, but also encourages greater collaboration, support and respect.
How to settle a divorce amicably
In Australia, you are allowed to apply for divorce and formalise its terms yourself via the Family Court and Federal Circuit Court. However, most couples find this DIY process and its complex legal procedures tricky to navigate.
To give yourself the best chance at an amicable divorce, it’s important to understand your options, obligations and needs from the very beginning. Thankfully, there are several methods to choose from if you’d like to reach an amicable divorce agreement both swiftly and smoothly.
MEDIATION
Mediation is an efficient and effective way to work through any issues. It involves a neutral, unbiased and professionally-facilitated discussion around topics such as parenting or finances.
Centred on self-determination, amicable divorce mediation allows both parties to maintain control over the outcome instead of leaving it up to the Court. Although a mediator can help you to run through various options, they are not permitted to share an opinion or any advice on which one is best for your situation.
It’s also important to note that agreements made in mediation are not legally binding until you get a lawyer to draw them up or formalise them yourself.
COLLABORATIVE DIVORCE
In a collaborative divorce, both parties, their lawyers and any other enlisted professionals sign a Participation Agreement to ensure resolution without litigation. This voluntary cooperation keeps proceedings outside of Court, helping you to maintain privacy and prioritise your family throughout the entire process.
Essentially, you will cooperate and openly communicate with your former partner, exchanging necessary documents without expensive discovery. If and when differences arise, both parties are encouraged to focus on peaceful negotiation techniques.
WHATEVER YOUR METHOD, CHOOSE A TRUSTED LAWYER
No matter how civil the separation, seeking legal advice should always be a priority when parting ways.
But it’s important to avoid power-hungry lawyers who may drive a wedge between you and your former partner with offensive, aggravating strategies. Instead, you need a family lawyer with the collaborative mindset to help you remain truly amicable during the divorce process. The right legal advice will ensure you know just how to secure the fairest and most reasonable outcome for both parties. The more informed you are, the easier it will be to reach an agreement that keeps everyone satisfied.
Keen to learn more? Contact us to discover the steps involved in a peaceful separation.
Start the next chapter with my amicable divorce services
With an amicable divorce, you can collaborate with your former partner to resolve differences efficiently and move on in peace. Yet even when it’s a peaceful separation, navigating the nitty gritty aspects of your legal proceedings is easier said than done.
Fear not.
No matter your situation, you can split the sheets seamlessly with amicable divorce services from Neilson & Co Legal. Dedicated to helping couples separate smoothly, I’ll take care of all the preparations and paperwork so that you can focus on paving your new path. Expect fixed fee packages, tailored support and flexible, online processes.