Every couple who decides to divorce aims to have a hassle-free divorce. The rise and growth of new divorce methods such as online and DIY prove the fact that individuals try to avoid legal problems and delays. But, be it divorce through the traditional solicitor way or through the modern methods of online or DIY, a hassle-free divorce can only be attained when certain conditions are met.
A Prenuptial Agreement: It is important for couples contemplating a wedding to draft a formal prenuptial agreement. It is not about thinking negatively and predicting a marital breakdown before even embarking on marriage. The agreement is simply a way of safeguarding your interest in case of a marital split. Prenuptial agreements are practical and a sure way of ensuring that you have your say in the future if your marriage heads for the divorce court. Though not legally binding in the
- The exact percentage of financial division of fixed and liquid assets including joint income and gifts, inheritances and debts
- It outlines the division of the matrimonial home. In case the house is sold, the agreement also states the share of proceeds to be given to each party. In addition, the agreement states the share in household items of furniture, credit cards, joint bank accounts, jewellery and cars.
- It clearly states the child custody arrangements – who is to be the primary caretaker – who is going to pay for the child’s education and how – is there going to be single custody or shared parenting – what about visitation schedules – who is going to pay for the charges of extracurricular activities.
Thus, a prenuptial agreement sets down all issues frankly making sure that there are no complications in the future. The agreement does form the basis of the final divorce decree and financial settlement ensuring minimal legal hassles. The prenuptial agreement is duly drafted and signed by both parties with mutual consent. Thus, it paves the way for a mutually agreed divorce settlement.
Mediation and Collaborative Family Law: Solicitor-driven divorces are long drawn and, often acrimonious. Couples usually opt for the methods of divorce mediation and collaborative family law to settle their divorces in a mutually agreed amicable manner. In both instances, there is open and frank discourse enabling both the parties to put all their issues and viewpoints on the table. Mediation involves three participants – the two individual parties and a neutral third party who simply steers the conversation encouraging the participants to reach a mutually agreed divorce settlement. On the other hand, in collaborative family law, the participants are aided by a separate legal counsel who helps the parties come up with a mutually acceptable solution. In both cases, there are minimal hassles coloured by an overriding respect for each other. Mediation and collaborative family law provide individual parties the opportunity to understand each other. It allows them the liberty to take decisions and structure their own divorce at their own pace. This is in stark contrast to an arbitrary court decision forced upon the divorcing couple.
Modern Divorce Methods of Online and DIY: Modern couples are choosing to divorce online and, consequently, saving on time, patience, money and energy. Online divorces guarantee individual parties privacy and are designed to suit the pace of the involved parties. Thus, online divorces ensure the reduction of legal hassles. The couples fill out the information form online – make the payment online and then send the necessary documentation to the address provided. After a few weeks, a legal representative of the online divorce firm comes over to get their signatures on the legal divorce deed which is then registered. The process is simple and inexpensive involving no hassles of any kind. In a similar fashion, couples have the freedom to plot their own divorce by buying DIY divorce kits in super markets. They have to follow a similar procedure and finalise their divorce.
Open Constructive Communication: In every divorce method, a couple can avoid hassles by engaging in an open two-way communication. The couple needs to talk and listen to each other. It has to realise that both want the same objective. They both want a divorce and talking is going to get the divorce procedure simplified. They need to converse in a constructive manner and reach a mutually acceptable solution. An open dialogue allows couples to put their opinions across and brainstorm arriving at a mutually acceptable agreement.
In short, avoiding hassles in a divorce lies in the hands of the couple itself. They can make the divorce process long and complicated or shorten it with minimal hassles. They just need to understand that both of them desire the same goal of freedom and getting the divorce. Once they realise this, the situation becomes clear. The divorcing couple is able to talk and reach a mutually acceptable solution.
