How to Settle a Divorce Amicably

Posted on Jun 25, 2021 by Louise Neilson   |   Categories: Family Law

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.

Ready to Start the next chapter?

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 an amicable divorce. Dedicated to helping couples separate smoothly, we can take care of all the preparations and paperwork so that you can focus on paving your new path. Contact Baker Love Lawyers today to make an appointment with one of our experienced family lawyers Newcastle.