Divorce without Court: The Benefits of Avoiding a Hostile Break-Up

a man and woman shaking and hands and agreeing a divorce without court.

Due to the emotional trauma and financial impact of a marriage breaking down, every divorce has the potential to become hostile. Unfortunately, this is counterproductive for a number of reasons, and you can definitely benefit from a divorce without court proceedings.

Every divorce is different; some people can divide their assets and go their separate ways without any complications while for others, the process is a lengthy affair that requires a court to make crucial decisions. This tends to occur when a couple is unable to agree on certain aspects of the divorce, such as the division of assets or child arrangements, and it can lead to significant hostility.

In this post, we highlight a few of the benefits of divorce without court and why you should do everything possible to avoid a hostile break-up. 

Minimises Child Trauma

For parents getting a divorce, one of the most concerning factors is how it will impact their children — even more so if the process turns out to be particularly hostile. For children, watching their parent’s marriage break down can be difficult to process and has the potential to have long-lasting effects. Divorce without court proceedings is a much shorter, simpler experience, as both parties have already agreed on the terms of the divorce and the financial settlement. 

While the division of assets and adjusting to a new living arrangement will take time, ensuring that your children avoid the turmoil of a court battle will help minimise trauma. 

Divorce without Court Is Less Expensive

Aside from the emotional impact of a marriage breaking down, post-divorce financial stability tends to be the biggest concern for soon-to-be-divorced spouses. A married couple accumulates a vast range of assets throughout their relationship, all of which need to be divided fairly between the two spouses. Losing a percentage of your assets, coupled with the fact that you will now be supporting yourself on one income instead of two, can be difficult, to say the least. 

It’s for this reason that you should avoid additional or unnecessary expenses wherever possible. Although in some cases, court may be inevitable, if you’re able to get a divorce without court, you’ll save a significant amount of money that could put to better use.

Negotiate a Fair Divorce Settlement

Negotiating a financial settlement that is considered to be fair by both parties is a crucial part of finalising the divorce. This is significantly easier if the couple is on good terms — or as good as can be expected during a divorce — rather than at each other’s throats. When it comes to the latter, achieving a fair and reasonable settlement can take time and the process can get very messy. Both assets and children are often used as leverage by one spouse to gain a better financial footing in negotiations, which naturally makes the entire case more complex and emotionally draining.

Part Ways with Your Spouse on Good Terms

Even though your marriage and relationship are over, it doesn’t mean that you can’t part ways on good terms. In fact, you’ll find that an amicable break-up — and, therefore, a divorce without court — will benefit you hugely when it comes to matters such as child arrangements, mortgages or co-owned property. Not only this, but it will be advantageous to those around you, including your children and friends, because they won’t be pressured to take sides or be negatively affected in any other way.    

Are you looking to settle your divorce without court? At KMJ Solicitors, we specialise in all areas of family law and can help you achieve a resolution that suits your situation. Get in touch today to book a free no-obligation consultation.

Clayton spent five years working in family law with a firm in Australia before moving to the UK in 1999. He deals with all aspects of family law, specialising in all family matters, offshore trusts, company structures, international law, prenuptial agreements, high net worth cases and cohabitation law.