An amicable divorce is one where both parties are able to reach a fair agreement on the division of their financial assets and child arrangements between themselves without the need to ask the court to decide on their behalf. Amicable divorces became easier with the introduction of no-fault divorce in England and Wales in April 2023, which removed the need for one party to blame the other and provided the option to make a joint divorce application – both of which have the effect of reducing post-marital conflict.
How to divorce amicably
The are several ways to achieve an amicable divorce, including:
- Open and honest communication – by encouraging openness and honesty in your conversations with your ex-partner, they are more likely to do likewise.
- Try to understand the perspective of your ex-partner, not just your own – by thinking about the needs of your ex-partner in addition to your own, you will be able to come to a fair agreement more easily.
- Leave children out of the conversation – it is vital that you never use your children as ‘pawns’ when discussing your divorce arrangements. It is not fair to do so, and it may harm your relationship with your child and their other parent.
- Providing full disclosure of your financial assets – always provide full details of your assets to ensure that everything is ‘on the table’.
- Remaining calm at all times – it is all too easy to get angry after divorce, but doing so is neither productive nor likely to result in an amicable outcome.
- Seeking the advice of a mediator if you are unable to agree – if you and your partner are not able to reach an agreement, consider speaking to a mediator who is trained in helping divorcing couples to achieve an amicable divorce.
Please speak to our friendly family law team for further advice on how you can achieve an amicable divorce in a manner that protects your interests and those of your children.
Amicable divorce process
To reach an amicable divorce in England or Wales, there are several steps you can take, as follows:
Step 1: File a joint application for divorce with your ex-partner online.1 To divorce in the UK, you must have been married for over a year, your relationship must have permanently broken down, and your marriage must be legally recognised in the UK. By making a joint application, you will ensure that the process proceeds more smoothly because neither party is likely to try to frustrate the process, as can happen with a sole application. Once your application has been filed with the family court, you will be able to apply for a conditional order after 20 weeks and a final order 43 days later. A final order confirms that your marriage has been formally ended.
Step 2: Try to reach an agreement on your divorce financial settlement and child arrangements with your ex-partner. You will need to consider how you will divide your pensions, property, savings, and investments. Depending on the circumstances, you may need to agree on regular maintenance payments to help with children or living expenses.
Step 3: If you cannot reach an agreement with your ex-partner, you can seek the help of a mediator. Family mediators have the expertise to help divorcing couples reach an amicable divorce settlement. You can also seek the help of a trusted divorce lawyer who will help you reach a negotiated divorce financial settlement with your ex-partner. Both methods are extremely effective in reaching a positive and amicable outcome without needing to involve the family courts.
How long does an amicable divorce take?
It is quite normal for divorce in England and Wales to take between 8 – 10 months, especially if there are any delays in communication or responses. However, an amicable divorce can be completed in around 6 months. This is made up of the 20 weeks to get a conditional order and the 6 weeks and 1 day needed to get a final order. Amicable divorces can be completed faster as there is less chance that one party will try to delay the process, which may then require the court to intervene. It is also important to bear in mind that because there is no need to enter into court litigation, amicable divorces are cheaper than non-amicable divorces.
References
1 GOV.UK: File for a joint divorce application
