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When it comes to a divorce, deciding on the facts you wish to use, agreeing contact and custody arrangements for your children and starting a new life in a new home are just a few of the difficulties people face. None of these, though, are quite as problematic as the need to divide property, pensions, savings and other assets.

This task is often made harder than it needs to be. People are naturally protective of the fruits of their labour and defend their rights to it vociferously as a result. Divorcees also often wrongly assume that all of their assets need to be divided equally with this leading to them restarting negotiations through fear of their agreed division not being approved by a judge.

In reality, there is no need for a couple to ensure that their assets are divided equally before the courts will approve of their agreement and make it binding. Indeed, provided a judge is satisfied that the parties understand what they’ve agreed to, it’s more than likely that they’ll approve it.

By having a Consent Order (more commonly referred to as a Clean Break Order) that describes the agreement reached between two spouses prepared by a professional, the agreement will be approved. So, who should get what in a divorce settlement?

What you should really consider when negotiating

As you can see, there’s no need to split everything equally. Indeed, neither party is automatically entitled to anything and an agreement of any kind can be submitted to court and approved by a judge.

What this means is that, rather than focussing on what you believe you’re entitled to when negotiating, you should instead consider what you reasonably need. If both parties are able to do this, they can effectively formulate the ‘spine’ of an agreement that will provide them with the resources they require. Following both parties knowing that their agreement addresses their basic needs, they can begin the process of dividing what remains between them.

Whilst having a basic agreement that will meet the parties’ needs will not make this part of the process straightforward, it will make it easier. As the couples’ basic needs are already in hand the process is certain to be less stressful, which will help both parties to remain dispassionate and be more reasoned throughout negotiations.

If you and your spouse have agreed on how you intend to divide your assets and would prefer to avoid expensive solicitors, Quickie Divorce can manage your divorce and prepare your Consent Order for you. Simply click on the link to find out more.