Is Amicable Divorce and Financial Agreement ever possible?

sleepymans

As the title says..This is a married couple who are both sure the marriage is over and who both want to start new lives and have no dependents.

 They are capable of jointly completing the online Divorce application and meet the eligibility criteria and both willing to sign the application.

They also have fully discussed and agreed a division of the marital home, assets and pensions (both are retired). The marriage has been over many years but they had been “keeping up appearances” to very elderly relatives who have both now passed away meaning the time seems right to make a clean positive break.

 There is no animosity and both intend to be supporting friends into old age but living their own lives. There has always been complete trust in each other.

 They each have some health issues but are modestly financially comfortable.

what are the chances they can go through the process without having solicitors stirring up animosity and putting future supportive friendship at risk? They really just want to go together to a solicitor to get it all on a correct legal footing really. Before writing new wills taking new partners into consideration.

Can it be done? Has anyone managed to achieve similar and remain friends like they have been for 45 years?

YBR

Yes, it can be done.

If anything goes to solicitors it can become more adversarial.

Gavin83

Yes naturally it's possible if both parties agree. The animosity generally creeps in when one (or both) of the couple feel they're being hard done by.

You say they've agreed a split but don't say what the split is. If this is considered unfair in some way a judge could insist both seek their own independent legal advice before agreeing the divorce. So if they don't want solicitors stirring it up they should make sure the split is as close to 50/50 as possible.

Ultimately no one can overrule their decisions though.

Scorpio33

Yes, I did it with my ex. We split the house 50/50 and we share custody of the kids 50/50 and we've been split for 5 years no (divorced for 3). Our pensions were about the same, so we kept those out of it and neither had much savings or debts, so again, we ignored those.

Neither of us got advice, just got a solicitor to draw up the financial agreement and apply through the courts, which they agreed. 

The actual divorce we did online ourselves which took a while but was easy.

Thing I would say is to draw up something in writing between you first, and then instruct a solicitor to follow your wishes.It can be done.

sleepymans

They intend to split the house equity and savings/capital, 50/50. One spouse has a slightly higher pension income but similar enough that there may just be an uneven split of the vehicles (one having the expensive car and one the banger) to level the playing field. But I guess not 50/50 to the exact £!! Both would rather save the legal fees by agreeing, and just getting on with their lives.

caprikid1

Absolutely 100% , like any relationship not always easy but especially with kids involved it can be done.

Gavin83

sleepymans said:

They intend to split the house equity and savings/capital, 50/50. One spouse has a slightly higher pension income but similar enough that there may just be an uneven split of the vehicles (one having the expensive car and one the banger) to level the playing field. But I guess not 50/50 to the exact £!! Both would rather save the legal fees by agreeing, and just getting on with their lives.

That'll be fine. It'll only be for cases where there's a clear uneven split of the assets (like 80/20) due to the risk of coercive control. No judge will be counting the pennies.

If they can come to an agreement themselves it'll certainly be a lot easier and cheaper!

Hazelnutty

Yes it is! And you don't need solicitors involved - you can file online directly with gov.uk. Remember to get a clean break order to finalise the financial arrangement (can also be done online, there are providers, just check reviews). A judge cannot override your decision if you both consent, they can only seek further clarification (which didn't happen in our case and it wasn't strictly 50/50 - I got the asset and he got all our savings - rationale was I'd always earn less and wouldn't have the same purchasing power as him, he got the cash to buy in another city without the hassle of selling). XH and I never saw a solicitor or a court - or a massive bill

VyEu

Divorce process and finance process are two separate things. It is possible to be amicable in both.

For the divorce it's online now. Very limited grounds to oppose it but if both parties are on board you can even do a joint app if you want.

For finances, please please please get a consent order drawn up and agreed. It provides finality (they're very hard to overturn) and yes usually both sides will need their own sols (we can't act for both parties) but we act under your instructions so we're not here to stir up trouble. One party drafts it, the other approves and then it's submitted to court. It doesn't have to be massively expensive either, provided both sides are in agreement and there's no need for extensive negotiation. 

If it's unfair then the court can override it by which I mean they don't approve it and they raise their concerns as to why they won't approve it. Address those and then can re file the order.

Exodi

Fully possible, my wife did it with her ex.

As long as both parties remain sensible and one doesn't turn into a total wally and decide they deserve everything because a solicitor told them that's what they are entitled to, you should be fine.