Your Guide to Amicable Divorce Settlements

Amicable settlements prioritise collaboration and compromise. This paves the way for less conflict and negativity such as heated arguments and emotional toll that may arise in court proceedings. Moreover, it minimises the emotional toll on both partners, especially when children are involved.

Amicable Divorce Settlements

An amicable divorce settlement in Australia refers to a dissolution of marriage where both parties mutually agree to end their marital relationship and work together to reach a favourable outcome for both parties. 

Amicable divorce settlements are centered around:

• open communication, 
• mutual respect, and 
• shared decision-making,

encouraging couples to resolve their differences through negotiation and compromise rather than litigation. Basically, the primary goal is to reach a fair and equitable settlement that takes into account the needs of both parties, particularly when children are involved. 

What Happens During Amicable Divorce Settlements?

During amicable divorce settlements, the divorcing couple aims to reach a mutually beneficial solution that considers the needs and interests of both parties, especially when children are involved. 

First, there will be negotiation and compromise. This stage aims to reach a fair settlement that is in the best interests of all involved. Second, the couples will formalise their agreement legally. Lawyers and mediators can help draft the required documentation.

During the drafting of the agreement, the parties must keep in mind that they should prioritise their children’s best interests. Amicable divorce aligns with the principles of family law in Australia, which prioritise the best interests of the child. 

The Family Law Act 1975 encourages parents to resolve disputes through non-adversarial methods, such as divorce mediation, with the aim of preserving the child’s relationships with both parents.

Moreover, the parties can make a parenting agreement or obtain ‘consent orders’ for parenting orders approved by a court.  As to the  division of assets and property, the law requires the court to make orders that are just and equitable in all circumstances. 

To achieve a fair outcome in terms of property and asset division, the following factors must be taken into consideration:

• The financial contributions of each spouse to the acquisition, improvement, and maintenance of the assets during the marriage and after separation.
• Contributions such as homemaking, child-rearing, and emotional support can also be considered.
• The future financial needs and circumstances of each spouse are taken into account, including income, health, and potential for earning capacity.
• If children are involved, their needs and best interests are a paramount consideration.

Upon reaching an agreement, the agreed-upon terms are documented in a legally binding document like a Financial Agreement with Binding Effect or Consent Orders. If an agreement is not reached, the court will determine the division of assets through a judicial hearing.

There are three ways for dividing assets during amicable separation and divorce settlements: property agreement, application for court orders, and financial orders. 

In sum, an amicable divorce settlement is a mode of separation where both parties can agree and meet their needs and that of their children. It aims to give both parties the chance to settle their properties, assets, and parenting arrangements before they separate in order to avoid hassle and conflict in the long run.