The start of a new year is always a busy time for divorce solicitors. Many people view the new year as a chance for new beginnings and a fresh start, which may sometimes involve something a lot bigger than just giving up chocolate or cutting weekly spending.
When divorce is more about a new start for both parties than coming to blows in court, it can actually be possible to do it amicably - and it is by far better for all involved. Here are some of DJP Solicitors’ top tips for keeping things amicable and achieving a successful, peaceful divorce.
Make strategic choices
There are four ways you can prove that your marriage has broken down irretrievably:
● Being separated for one year and both parties consent to the divorce
● Being separated for two years (no consent needed)
● On the basis of unreasonable behaviour
● On the basis of adultery
While it’s completely natural to feel emotional and drained during the breakdown of a marriage, the best way to go about achieving an amicable divorce is to think tactically and strategically about how you approach it.
For instance, while the marriage may have broken down as a result of unreasonable behaviour or adultery, a divorce will be much easier, cheaper and more efficient when it’s filed on the basis of having been separated for a year or two. Therefore, you might consider waiting to divorce or, if you’ve already been separated for long enough, choosing that as your grounds for divorce.
Be objective and focused
Divorce proceedings should be outcome-focused, rather than dwelling on the past and what went wrong in your marriage - it’s not worth wasting your time, energy, and money over. Your objectives should simply be to get divorced, work out what to do with your finances and assets, and establish rules about the residence of and contact with any children. Divorce proceedings are not the time or place to vent frustrations or be ruled by emotional needs - contentment and satisfaction for all parties is desirable, but it is not a key objective.
Consider your children
In Scottish law, the welfare of any children is the number one priority in any divorce proceedings or other family law matters. If you have children, you should also make them your main focus. It is important to consider what they need going forward and how you can make this situation as easy and stress-free as possible for them, as well as for yourself.
Where there are children involved, divorce should ideally be as collaborative as possible - at least with regard to parenting responsibilities and the future of your children. Amicably working together to find a solution that works for your children will end up being the best outcome for everyone.
Divorce is never easy, but having a trusted legal professional on hand can make all the difference. The reputable divorce solicitors here at DJP Solicitors can keep proceedings running smoothly and help you achieve the amicable divorce you want.
Our family law experts will gladly guide you through each step of the divorce process and ensure you get the best possible outcome. For more information or to discuss your specific situation with a member of our team, get in touch today.
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