Is there such a thing as an amicable divorce?
Recent headlines refer to Paddy McGuinness and his wife, Christine McGuinness, having recently finalised their divorce. The pair separated in 2022, after 11 years of marriage, but continued to live together and co-parent their 3 children, without formally divorcing.
They have since apparently decided to settle their divorce, out of court, whilst ensuring this was dealt with as amicably as possible.
Out of court
It may be thought that divorce involves a couple fighting it out through a long drawn out, and expensive, court process to sort out the financial arrangements. This can heighten emotions and result in a very hostile experience for all involved. However, it doesn’t need to be like this.
It is possible for a couple to agree a financial settlement by consent. We are happy to assist our clients throughout this process and can help relay proposals to the other solicitors involved. This can sometimes be helpful in guiding our clients through the processes and helping them to achieve realistic outcomes.
A consent order can then be drawn up which sets out what has been agreed and how the assets are to be divided. This can include a variety of clauses, including how the sale of the matrimonial home is to be dealt with and whether there will be pension sharing on divorce.
The draft consent order will then be filed with the court for the judge to consider, along with a brief financial statement completed by each party, and if necessary, with some explanation as to the reasons for the terms of the settlement reached.
Once approved and sealed by the Court, there will be an enforceable Court order, the terms of which can then be implemented. Terms can include for example a sale or transfer of a property, payment of a lump sum, a pension sharing order, or the payment of spousal maintenance.
Recent changes to the Family Procedure Rules
The McGuinness’ way of thinking also aligns well with the Family Court’s modern approach. The Family Courts have for many years welcomed mediation prior to court proceedings, but recent rule changes (read more on our article Updates to the family procedure rules) have placed a greater focus on resolving matters away from the court setting; Non-Court Dispute Resolution (“NCDR”). This includes mediation, as well as private financial dispute resolution and arbitration to name but a few NCDR options that are available.
People asking the court to assist them will now be required to complete a form to set out their position about whether they have tried any forms of NCDR and they might even be financially penalised if they choose not to engage in one of those processes without good reason.
By apparently not going to court other than seeking approval for an agreement they have reached, Paddy and Christine McGuinness have managed to avoid further unnecessary media attention, which is beneficial for them as well as for their young children. NCDR comes with many benefits and will hopefully allow divorcing couples to navigate the divorce on their own terms and resolve matters in a cost effective and conciliatory way.
If you and your partner are considering divorce, or would like to discuss NCDR, please do not hesitate to get in touch with a member of Geldards’ Family Team, who would be more than happy to help.