Golden rules of an amicable divorce

Divorce lawyers and experts give us their top tips for ‘untying the knot’ with as little acrimony and expense as possible.

1. Let go of your grievances
The decision to end a relationship can be traumatic, chaotic and difficult to navigate emotionally. This is where access to professional counselling, outside your divorce proceedings, can really help.

“The longer you hold onto your grievances against your ex, the harder you will find it to settle matters,” says Samantha Jago, a partner at law firm DMH Stallard. “Don’t use the court arena to perpetuate your grievances; this is a costly, stressful and protracted way to try to reach a resolution. By letting your grievances go, you can move on – not only towards settling your divorce, but to a much more positive place in your life.”

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2. Take your time and don’t rush your partner
Sue Andrews, family partner at B.P. Collins law firm, says it’s very rare that separating parties are in the same emotional place at the start of divorce proceedings. “One person may have been thinking about ending the marriage for some time, and this news may come as a complete shock to the other,” she says.

So, it may be better for you and your ex to separate for a while before you overwhelm yourselves with the nitty gritty details of the divorce. “If you don’t give it time and formal steps are pursued with inappropriate haste, a spouse’s feelings may alternate between great sadness and anger, which will usually result in a delay to the divorce process,” she adds.

“This is often because that person feels scared about their uncertain future, rather than a wish to be difficult for its own sake. I rarely meet a client who six months down the line doesn’t feel better, more positive and less entrenched than they did in the dark and grief-stricken days of early separation.”

3. Explore your options together
“A common misconception when it comes to divorce is that litigation through the courts is the only option,” adds Grainne Fahy, family law specialist and partner at law firm BLM. “In fact, divorce can be settled through many different paths, including negotiation, mediation, arbitration or collaborative divorce.”

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Ms Fahy says mediation can help you settle finances, child arrangements and other matters with your ex-partner through a completely neutral third party. Similarly, collaborative divorce sees both parties come together, but rather than an independent mediator overseeing the process, each party’s solicitor joins to negotiate a solution.

“Family arbitration is another option whereby the resolution process happens privately, rather than in court, where an ‘arbitrator’ is appointed to decide the case,” she adds. “‘Out of court’ options are often quicker, cheaper, more flexible and amicable than going through the rigmarole of court litigation, with both partners having their voice heard in a way that is more conducive to a fair settlement.”

4. Pay attention to how you communicate
“Communication problems are routinely cited as a key reason for the unravelling of the relationship,” says Kate Daly, co-founder of the platform Amicable.

Read: Rise in ‘grey divorces’ sparks warning from legal experts

“It’s really essential to learn, or relearn, effective ways of communicating in order to resolve differences. Try not to interrupt each other, treat each other with respect and take a break if things get heated.”

5. Avoid social media
“My big golden rule is to avoid social media – it’s one of the biggest drivers of family tension and raises the temperature considerably,” says Holly Tootill, partner at national law firm JMW Solicitors. “Often people are hurt and are looking for support, but instead of sharing your feelings over Facebook or Instagram, seek professional support or find someone to confide in offline.”

“Going through a divorce is never going to be an easy process,” adds Emma Davies, partner in the divorce and separation team at law firm Nelsons. “However, by keeping things amicable, you can enjoy a better relationship with your ex-partner and reach a friendly agreement, which will save you money in solicitor’s fees.”

Have you been through a divorce? Did it end on amicable terms? Share your ‘golden rules’ in the comments section below.

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