What Does ‘Amicable Divorce’ Mean?

Posted on May 27, 2021 by Louise Neilson   |   Categories: Family Law

What Does Amicable Divorce Mean?

So, you’ve decided to call it a day on your relationship. That doesn’t mean you have to face distressing disputes over who gets what, hefty litigation fees or a lifetime of hostile exchanges. Not to mention the harmful impact of these experiences on the rest of your family. Whatever the nature of your split – be it mutual or not-so-mutual, sudden or a long time coming, involving little ones or large assets – an amicable divorce agreement is possible if both parties commit to keeping things civil.

While there’s no doubt that trying to remain friendly throughout one of the most stressful moments of your life will be challenging, there’s also no underestimating the value of minimising conflict (particularly if you’re co-parenting).

But what exactly is an amicable divorce and how do you go about it?

Below, we’ll delve into what this term actually means, as well as its benefits and processes, so that you can turn over a new leaf without litigation.

What is an amicable divorce?

Above all, an amicable divorce is civil. Almost always the same as an uncontested divorce, both parties agree to the terms of property settlement, spousal support and parenting arrangements without significant dispute. There can, and normally is, significant discussions around how to split your assets, liabilities and spend time arrangements for the children.

Think respectful exchanges and smooth negotiations instead of heated arguments and lengthy litigation. However, know that you are not expected to remain best friends (or even friends, if you’d rather have a clean split) with your former spouse when it’s all done and dusted.

Reasons for amicable divorce

The approach you take to your divorce will set the foundation for all future interactions with your former partner – and their implications. That’s why it’s smart to call it quits on civil terms, securing an amicable divorce agreement that keeps things fair and friendly.

Still not convinced? Below are the chief reasons why you should consider making the effort to have an amicable divorce.

Less Legal Fees

The key benefit to reaching an amicable resolution is its relatively low cost in comparison to a contested divorce.  Amicable agreements are generally the least expensive way to untie the knot.

Quicker, Calmer Resolution

If you go down the long, winding route of a litigated divorce, you and your former spouse may waste years arguing over every last detail. Dredging up the past and dragging in matters that initially weren’t even relevant, it’s a slippery slope to a seemingly never-ending battle.

While no separation is sunshine and rainbows, the civil negotiation process involved in an amicable divorce settlement makes for fewer court visits, less emotional hardship and a speedier resolution. This approach is not only more private, but also encourages greater collaboration, support and respect.