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Is there such a thing as an amicable divorce?

“Divorce”-the word alone for many suggest acrimony, disputes, stress and costs. It does not have to be this way. With the right legal advice and guidance the pain and emotions associated with making the difficult decision to end a marriage can be eased to ensure that parties are able to salvage a working relationship going forward especially where children are involved.

We only have to look at the case of Anthony McPartlin’s divorce (Ant from the Ant and Dec duo) which sets an excellent example of how despite the complexity of the break up and issues surrounding the divorce it is reported that Ant and his wife are hoping to achieve an amicable settlement on a clean break basis.

In this case the parties met when they were only 19 and although married for 11 years had a 23 year relationship.  Whilst the law states that in a relationship of this length the starting point ought to be an equal division of the assets, if Ant chooses he could rely on the “special contribution” argument.  This argument is hard to prove but nevertheless available should Ant choose to rely on the same.  It is evident that whilst both parties have accumulated their wealth over the course of their relationship, Ant is the higher earner.  Notwithstanding this and the “special contribution” argument, as matters stand the parties have worked together to part amicably with the aim of dividing their assets equally by avoiding potentially costly court proceedings.

Even if court proceedings are not issued and the court invited to decide upon how the parties assets ought to be divided it is still imperative that the parties have their own legal team to ensure that any agreement is drafted correctly and the court invited to approve that agreement and make it into a court order to bring about a full and final binding settlement which is enforceable.

We at QS Davisons have an excellent Family Law team of 7 experts in their fields headed by Nesheela Nazir who are able to advise and assist you during the difficult divorce journey.

Please contact our Nesheela Nazir who has recently started offering advice from our Colmore row office in the city centre as part of the firm’s ongoing development plan.  Nesheela can be contacted by email or 0121 685 1257 (direct dial).

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