Tips for Amicable Divorce
An amicable divorce or separation can reduce emotional strain, save on legal costs, and make it easier for both parties to move forward.
Divorce doesn’t have to mean conflict. More and more couples are choosing to separate on good terms — aiming for a respectful, low-stress process that protects their family, finances and peace of mind. If that’s the path you’re aiming for, here are some practical tips to keep things peaceful:
Set Shared Goals Early
Start by agreeing on what matters most. That could be stability for the kids, keeping communication respectful, or ensuring an equitable financial outcome. When you’re both clear on the big picture, it’s easier to stay cooperative and focussed on your shared vision.
Communicate Calmly and Honestly
Open, respectful communication is key. Be honest without being hurtful. If discussions start to go off track, a mediator or counsellor can help keep things constructive.
When it comes to finances, transparency is everything. Be upfront about assets, debts, and expenses. It helps build trust, avoid uncomfortable surprises, and it’s also a legal requirement during separation.
Separate Emotions & Decision Making
It’s completely normal to feel hurt, angry or overwhelmed. However, try not to let emotions guide big decisions. Remaining future-focussed with your shared vision in mind during financial or parenting discussions can help steer the conversation in a more productive direction when making difficult choices.
Leaning on a support network (friends, family) can give you space to process the emotional side. Alternatively, a counsellor or mediator can help guide the conversation so you’re clearer when it’s time to make practical decisions.
Prioritise the Children
If you’ve got kids, collaborate on creating a plan that works best for them. Agree on routines, responsibilities, and how you’ll make decisions going forward. Kids cope best when parents co-parent calmly, consistently, and without conflict.
Finalise Legal Agreements — Even If It’s Friendly
When a separation is going smoothly, it can be tempting to “keep things informal”, but this can lead to issues down the road. Informal agreements don’t offer legal protection and if circumstances change later (like a new partner or assets), things can quickly become complicated. Even the most amicable separation should be finalised legally to ensure both parties are protected.
Property settlements are based on the current value of your assets and liabilities at the time of agreement or court decision — not at separation. A lot can change in the months or years after you separate, so it’s important to act early.
For de facto couples in WA, there’s a two-year limit from the date of separation to finalise your financial matters. For married couples, it’s 12 months from the date of divorce. If you wait too long, you may need the court’s permission to proceed — and that’s not guaranteed. If you don’t officially divorce—division of assets becomes even more challenging.
A formal agreement, like consent orders or a financial agreement, clearly sets out how your property, parenting and financial matters will be handled. It gives both of you peace of mind, now and into the future.
Get Legal Advice Early, Not Just When Things Go Wrong
Most people think you only need a family lawyer when things go wrong. However, early legal advice can actually prevent conflict. It helps you understand your rights, and ensures any agreements you make are legally binding and fair.
Getting independent legal advice doesn’t mean you’re headed for court. It ‘s simply a matter of having someone in your corner to make sure you’re aware of your entitlements, of any potential pitfalls, and ensure everything’s sorted properly from the start.
The best time to make decisions is when you are both amicable and open to having the conversation.
Moving Forward
An amicable divorce is absolutely possible, and worth aiming for. With the right mindset and the right support, you can separate respectfully and protect your future at the same time.
If you’re considering divorce or separation, our family law team is here to help. We’ll guide you through the process with clarity, compassion and expert advice, so you can move forward with confidence.
How are loans treated in a Family Law disputes?
A common issue arising in family law property matters are how loans from parents or other third parties are to be treated in a dispute. Was a party even aware a loan existed prior to the relationship? Is the loan disputed and was it always considered a gift until separation? Has the loan been properly documented or is there an informal agreement? What are the terms? How does the Court look at those terms?
If you weren’t aware of a loan when entering into a relationship, there are a number of ways this may be treated in your property settlement. It may be that the ‘loan’ was always intended to be a gift and never intended to be paid back, but will be sought to be ‘paid back’ to avoid those funds remaining in the asset pool and being part of a settlement.
There is also the possibility it may only make a small difference to the outcome. The Court may consider the monies advanced or gifted as a contribution to the asset pool by that party.
You may need to know:
- Are there any contemporaneous loan document to support the existence of the loan? These can be obtained by disclosure.
- If there are documents, what are the terms of the loan? Loan which have ‘no interest’ terms or no set payment arrangement or are available to the lender ‘at call’ may not be legitimate.
- Have any repayment ever been made? Evidence of regular repayments rather than lump sum repayment when the relationship sours may be a consideration.
If you require assistance with determining a loan in family law proceeding, don’t hesitate to contact the Family Law and Property Law team at Culshaw Miller Lawyers for advice on 94881300 or info@culshawmiller.com.au.