How to Arrange an Amicable Separation and Divorce

How to Arrange an Amicable Separation and Divorce

How to Arrange an Amicable Separation and Divorce

Find out what steps you should take to help you have an amicable divorce and separation, the benefits and what tools can help.

An amicable divorce is all about maintaining a positive relationship with your former spouse and reducing the conflict. Discover some recommendations that will help contribute to a more amicable and stress-free divorce. Let’s take a closer look.

Benefits Of An Amicable Divorce And Separation

When making a conscious choice to have an amicable divorce, several benefits can occur as a result.

Save Money

Negotiating with divorce professionals, like a mediation counsellor, can save you money, as lawyer fees can be expensive.

Reduce Conflict

Going through a marriage breakdown can be emotional and exhausting. Negotiating directly with a mediator to resolve your differences and control the outcome can result in less stress and associated conflict.

Better For Your Children

When dealing with your ex-partner, it can be difficult for relations to remain civil and amicable. When things get tough, thinking about your children can help you move forward and bring clarity and focus. Effective co-parenting involves working and making decisions together to benefit your children and ensure that their needs are the priority. Putting your kids first is a win-win. Not only does it help your ongoing dealings with your ex-partner, but it also helps keep the children out of hostile living environments. Role modelling good behaviour can help to eliminate any psychological repercussions.

Save Time

Managing an amicable divorce without going to court or involving lawyers can save couples a lot of time. Appointments, court appearances and meetings can be time-consuming. After a divorce, parties are keen to transition quickly into their new life and negotiating a swift settlement can help achieve this goal.

Maintain Positive Relationships

When spouses agree to remain civil, it can make the living environment more relaxed and comfortable, particularly if children are involved. Parents will have joint decisions regarding their kids, which will be a lot easier if they have amicable relations.

Steps To An Amicable Divorce

Ending things peacefully with your former spouse may be easier said than done. It is a conscious choice that you can control. A civil divorce means negotiating, remaining flexible and keeping relations amicable.

The following steps may help;

Make A Conscious Decision Not To Blame Your Former Partner

It is counterproductive to blame each other for the breakdown of your marriage. Accept that people change, as do your priorities. It is easy for individuals to get busy with their careers and raising children. Spending less time together as a couple can result in drifting apart from your partner. Many factors could contribute to the failure of your marriage, and finding a way to move forward without blaming the other party can help improve your future parental relationship.

Think Long Term And Bigger Picture

It’s no secret that no one wins in divorce, and it can be a long drawn out affair that can become emotionally and physically exhausting. Finalising your divorce amicably as soon as possible, instead of fighting over every tiny detail, will help make the process easier. Establish what is important to you and try not to focus on the small details. Think long term and the positive effect remaining peaceful can have on your children moving forward.

Be Honest When Negotiating

Regardless of your feelings for your former partner, you must be honest and upfront. Creating a foundation of trust can help contribute to an amicable divorce process. If both parties reveal accurate details about their finances, it can contribute to a fair division of marital assets.

Establish A Parenting Plan

Specialist family lawyers can help you put together a workable parental plan containing specific information about future responsibilities, agreements, and care of your children. It is detailed and relevant to your circumstances and can help ensure that both parties follow through on their contract. When spouses agree on moving forward and document it into a parenting plan, it can make the co-parenting process easier as everything is transparent and pre-arranged. It can avoid potential arguments and ensure that the process is fair to both parties.

Try To Reach An Agreement Without The Need For Lawyers

If possible, when negotiating your property settlement, try to negotiate an agreement with your former spouse through mediation or collaboration. If parents can avoid using a lawyer, it can be a lot more cost-effective. It will save you both a lot of money, as well as help to maintain relations. Divorce mediation sessions can help you to resolve your issues without the need for unnecessary litigation. Divorce proceedings in a family law court can be an overwhelming and stressful experience. It is a mediator’s role to help ensure that you can divorce amicably without the need for lawyers.

Helpful Tools

It can be challenging to know where to start after a marriage breaks down. Maintaining an amicable relationship helps make things a little bit easier for everyone, especially the children. Several tools can help you move forward and contribute to an amicable divorce.

Mediation Services

After a divorce, relations between you and your former spouse can be strained. As a result, communication may become more complex. Engaging in the services of a qualified mediator can help you move forward to negotiate a mutually acceptable financial agreement. Using a neutral, unbiased mediator to facilitate the conversation can help you discuss feasible options without the tension of having a one-on-one conversation.

Mediation sessions are confidential, and you will have the opportunity to talk to your mediator individually to explain your situation before the group mediation. Your mediator will facilitate a discussion with you both to bring issues to the table to find suitable resolutions. It is possible to have your mediator work between two rooms, so you do not have to be in the same area if that is a more comfortable environment for discussion. The mediator’s role is to negotiate an agreement that is suitable for both parties. Your mediator must be accredited nationally, and if your matter relates to children, they should be certified as a Family Dispute Resolution practitioner. Each State and Territory has Family Relationship Centres, which are a good starting point for mediation. They are funded by the Australian Government and provide a low-cost option and other support services.

After mediation, the agreement that is reached is not legally binding, so you will need to draw up consent or parenting orders yourself or with the help of your lawyer.

It is compulsory in Australia for separating couples to complete a Family Dispute Mediation session if they intend on going to court.

The first step to an amicable divorce is mediation, by discussing disputed issues and agreeing. Using an independent unbiased experienced mediator keeps you in control of the outcome.

Co-Parenting Apps

Finding ways to communicate with your former spouse during a divorce can become stressful if relations are not amicable and expensive if you have to go through your lawyer continually.

Several co-parenting apps can help parents manage communication, which is more efficient and less expensive than lawyers.

It helps to streamline information sharing, which can help reduce parental disputes. There are numerous beneficial features: shared calendar, custody schedule, shared documents, expenses log, messaging, and photo sharing.

The apps reduce the need to continually send messages to update each other when your child is in your care. You can update the app with relevant information, which saves you precious time. An amicable outcome can be produced when you do not have to communicate directly with your former spouse.

Seek Advice From An Experienced Family Lawyer

Wherever possible, couples should try to resolve their differences without seeking independent legal advice, as it can be a costly and exhaustive process. Sometimes the pure fact that you are forced to communicate via a third party can aggravate the situation. But sometimes, if you can not agree, there may be no other alternative if you have already tried mediation and family dispute resolution sessions. If you can find a good lawyer, they can help you prepare consent orders without the need to go to court.

The benefit of using an experienced family lawyer is that they are highly familiar with Family Law and can provide vital insight to help streamline the whole process. Their understanding of marital asset pools, legal jargon and court proceedings can help to ensure that you get a fair and reasonable outcome.

Receiving good legal advice when separating is a good step towards divorcing amicably.

Do It Yourself

The Federal Circuit Court and Family Law Court in Australia provide comprehensive information online to help you finalise your divorce settlement and even draft your order. Reaching a mutual agreement and preparing your consent orders means that it is more likely that you can separate amicably, mainly if it is an uncontested divorce. Making your arrangements without paying for a lawyer can save you time, money and emotional devastation. If you decide to settle your affairs yourself, you must have a solid understanding of your asset pool, entitlements, and a fair and reasonable outcome.

For couples who have a relatively simple estate and are patient enough to navigate the online legal documentation, a DIY divorce may work for you. Having control of the process yourself is a great way to remain amicable during the divorce process.

New Technology

It is not surprising that new technology-based innovations have been created to assist couples with their divorce. The programs are a personal separation guide and can offer valuable advice to help you navigate a way through your divorce. The programs provide free information on numerous topics, including:

  • Dividing your assets
  • De facto relationship rules
  • Parenting issues
  • Preparation of your asset pool
  • Tax returns
  • Bank statements
  • Divorce application
  • Legal advice
  • Personalised plans

Financial Management In Divorce

It is crucial to establish responsible financial management during a divorce, understand your entitlements and what is to be included in your marital asset pool.

Gather your important documents such as tax returns, payslips, investment statements and bank accounts, as you will need them when establishing your financial contributions to the marriage.

Make a list of your assets and liabilities, including deeds for property, mortgage details, insurance policies, superannuation, loans and credit card debt.

Remember to include non-financial contributions to the home such as child care, home improvements and renovations.

Spousal support and child support should be considered if one party is the primary carer of the children and has a lower earning capacity.

Consider closing any joint bank accounts and separate the money accordingly. If things go wrong, having access to shared funds may not end well for either party.

Use the expertise of a financial advisor to assist with collating information for your financial settlement and help with the appropriate split of assets. They can also help couples manage their finances through their divorce.

Decide what is fair, get the agreement in writing, and signed by a lawyer. This will make the agreement legally binding, which can ensure accountability and responsible behaviour.

If you are unsure, lawyers who specialise in family law or financial accountants can offer expert advice.

Summary

Ending things peacefully with your former spouse may be easier said than done. It is a conscious choice that you can control. A civil divorce means negotiating, remaining flexible and keeping relations amicable.

Several tools can help you move forward and contribute to an amicable divorce: mediation services, joint parenting apps, DIY settlement, family lawyers, and new technology.

It is crucial to establish responsible financial management during a divorce, understand your entitlements and what is to be included in your marital asset pool.

When both parents collaborate and work together to reach an agreeable decision, it can avoid the need for a court battle. Effective communication, negotiation, cooperation and honesty in discovery can help them move forward and result in an amicable divorce.

FAQs

1. What Does An Amicable Divorce Mean?

Answer: An amicable divorce means that spouses agree to remain civil and come to an agreement peacefully without fighting and arguments when finalising terms for property division and child support and custody.

2. How Do You Separate Amicably In A Divorce?

Answer: When both parents collaborate and work together to reach an agreeable decision, it can avoid the need for a court battle. Effective communication, negotiation, cooperation and honesty in discovery can help them move forward and result in an amicable divorce.

Related articles
How A Family Lawyer Can Help You.
How A Family Lawyer Can Help You

Find out more about the role of a family lawyer, how they can help you, what services they provide and Read more

Co-Parenting in Australia – How Does it Work?
Co-Parenting in Australia - How Does it Work

Find out what it means to co-parent in Australia, how it can benefit your child, and some valuable tips to Read more

Sydney Family Lawyers
Sydney Family Lawyers

Needing to source a good family lawyer can be a daunting task, but rest assured, there are plenty of family Read more

How Long Does It Take To Go to Family Court?
How Long Does It Take To Go to Family Court

Find out more about the Family Court process, what steps are involved, and what can influence the length of your Read more