Good divorce week – what does a good divorce look like?

28th November 2022

As we see headlines highlight the growing crisis in the family court system, Resolution’s timely “good divorce” campaign seeks to promote the benefits of a child focused and amicable approach to separation.

Resolution is an organisation which encourages constructive resolution of issues following relationship breakdown, and requires that members abide by a strict code of conduct keeping the welfare of the children as the paramount consideration.

For most people, the concept of a “good divorce” encompasses some element of the following:

  • Keeps the welfare of any dependent children at the forefront of everybody’s mind
  • Promotes and encourages good communication between the parties, and focuses on consensus and fairness
  • Gives the ability to retain control of your own destiny, rather than the court making decisions
  • Ensures matters can be resolved speedily, enabling both parties to move forward with their lives
  • Saves money – the less everybody argues about, the less it will cost.

For suitable cases, there are a range of “non-court” options available to separating couples instead of issuing proceedings, and Resolution seeks to promote these as a better way forward for families.

The options include negotiating an agreement with the help of your solicitor following the voluntary exchange of financial information, instructing a collaboratively trained lawyer to engage in a series of roundtable discussions with all parties present, or attending mediation sessions with a qualified mediator to focus on agreed outcomes and a solution which fits everybody.

Once an agreement has been reached, a consent order is drawn up by the solicitor reflecting that agreement, and which is then filed with the court for the approval of the District Judge. Once approved, the consent order will then be legally binding on both parties, and which will ensure that everybody complies with their obligations under the terms of the order.

The key to achieving a good divorce is without a doubt obtaining advice from a specialist family lawyer who is a member of Resolution. A specialist lawyer will be able to advise on the full range of options available, and the best approach for your family. There is never a one size fits all approach, but a Divorce which treats both parties with respect and seeks to maintain communication and relationships can only be positive for the majority of couples.

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