When two people get married, they have hopes for the best. Unfortunately, things don’t always go the way we plan and there may come a point where divorce is the best option. In the best cases, this can result in an amicable divorce, but what does that mean exactly and how does it differ from a standard divorce?
What is An Amicable Divorce?
Definitions may vary, but in general, an amicable divorce in British Columbia is one in which both parties agree to separate on the best terms possible, with comparatively little drama, and attempting to be less adversarial than one typically expects in this type of situation. There are some conditions on whether you qualify for an amicable divorce in BC, including having lived in the province for at least one year.
An amicable divorce may also be referred to as an uncontested divorce or desk order divorce. This means that the spouses agree on how the issues raised by the divorce should be resolved.
What Do You Need to Consider?
Before your divorce can proceed, there are a few things that you will need to consider. Specifically, you and your spouse will need to settle any possible disputes over property, division of debt, custody of minor children (now referred to as “decision-making responsibility), and child support.
Rules of Amicable Divorces: Are There Things You Cannot Agree To?
The law has specific guidelines for divorce, such as the fact that all family property and debt are to be divided equally between the two spouses, though you can make a different agreement if you so choose.
When it comes to children, you can make an agreement regarding the care of and time with them. This can also include arrangements for another guardian or contact between a child and a non-guardian. Decisions made regarding children must always be in their best interest. If decisions are not made in their best interest, the court may put them aside and replace them with other, appropriate orders.
Divorce Agreements for Uncontested Divorces
There are several steps to follow to ensure things proceed smoothly. To help facilitate your planning and preparation, here is an amicable divorce checklist:
• Agree On Your Parenting Plan
One of your most important considerations involves your children. Decisions must be made about where they will live, the division of time including holidays and birthdays, how and when extended family members can see the children, and rules for raising them.
• Figure Out Your Finances
What will happen to the family home? How will the property be divided? How will debts be split? How will the divorce fees be paid?
• Prepare and Submit All Necessary Legal Paperwork
All legal paperwork must be properly completed and submitted. This is where you will benefit from having professional legal advice.
• Inform Those Who Need to Know
There are other parties beyond family members who may need to be informed of your change in status, including your banks, credit card provider, insurance company, mortgage lender, and more. Again, professional legal advice may prove useful here.
What Does a Desk Order Divorce Cost?
The exact cost of a desk order divorce or amicable divorce will vary depending on whether you do it on your own or seek legal assistance, file a sole application, or joint application, and other factors. For more information on the exact cost of your uncontested divorce, please contact us today and we will be happy to assist you. Even if you have a very amicable divorce, it is often important to have a written agreement so that all the bases are covered. The Family Lawyers at Hillside Law in Penticton can help you move through an amicable divorce and make sure you cover everything that needs to be covered to move on with your life.
