Is an Amicable Divorce Possible?

Author:
Lorraine Harvey
Partner, Family Law
Date:
06/04/2022

Of all legal proceedings, divorce has a nasty and complicated reputation. With the introduction of No-Fault Divorce, there is a great possibility that the divorce process can become much less hostile for many separating couples. Is an amicable divorce possible? We have reason to believe so.

 

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Why are Most Divorces so Hostile?

 

Before the introduction of No-Fault Divorce, which is available from the 6th of April 2022, there were certain criteria which needed to be met for a divorce to take place. This criterion was known as the five grounds for divorce. At least one of these facts needed to have occurred within a marriage contributing to its irretrievable breakdown if a divorce were to move forward.

 

The grounds for divorce were:

  • Adultery;
  • Unreasonable behavior;
  • Two years separation with consent;
  • Five years separation;

 

Because of the nature of these facts, it was inevitable that one party being accused by the other would cause tension and arguments. In some cases, if one party filed for divorce, then the other party could dispute this. Therefore, both parties would have to wait at least two years before the divorce could proceed, if they didn’t want to blame their spouse.

 

What Does the Introduction of No-Fault Divorce Mean?

 

No-Fault Divorce provides separating couples with the chance to file for divorce on the grounds that the marriage has irreversibly broken down, with no fault needed. This will prevent a lot of disputing and conflict within the divorce process, as there are no accusations needed to show that a divorce is necessary. Prolonging divorce can be really draining on a person’s mental health. With the introduction of no-fault divorce, these faults are no longer needed, and contesting a divorce does not prolong or halt the process.

It encourages couples to agreeably split when they feel that the marriage has broken down, without the need to pick fault or accuse one another of any wrongdoing.

 

How can I Achieve an Amicable Divorce?

 

We believe that divorce shouldn’t be any more difficult for a separating couple to go through than it already is. The key to achieving an agreeable divorce is communication. Whether or not you have split on neutral terms, it shouldn’t prevent the both of you from being able to discuss what happens going forward.

If you and your former partner are not on the best of terms, reach out to them and explain that things would be much easier going forward if you both put any bad feelings aside for the process. We understand that this is not always possible, but sometimes, a conversation can make a big difference.

There is no need to play the ‘blame game’, if you have both agreed that divorce is necessary. This is important to make clear to your former partner. There is also the option of Separating Together, a service that we feel is perfect for couples who want an amicable split.

 

What is Separating Together?

 

Separating Together is a service unique to Simpson Millar. Separating Together allows former couples to use the same lawyer to deal with all the technical parts of a divorce. Not only does this service aim to help ease the tensions of divorce proceedings, but it also helps to cut the cost of using two divorce lawyers.

We believe that everybody could benefit from this service, and if it’s something you are interested in, get in touch with our expert Family Law Team today to discuss your options.

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