Divorce agreed by both parties

An agreed divorce, also known as an uncontested divorce, is when a husband and wife have agreed to one or possibly all matters relating to the termination of their marriage. This could be that the grounds the petitioner (the person applying for divorce) has set out in the petition form have been accepted and agreed upon by the respondent (the spouse). It could also be that the parties have agreed to how their marital assets and property should be divided and/or where their children should live and how much contact their children should have with each parent following the divorce. However, just because a divorce is agreed does not necessarily mean that the divorce is amicable. What it does mean is that disputes are resolved outside of court, meaning both time and money can be saved as a result of following this route.

Couples who have an uncontested divorce will normally decide between themselves how finances should be divided following their divorce. It is best to obtain the help of a specialist divorce solicitor during this time as they will be able to advise you what you are legally entitled to and ensure that nothing is overlooked. You and your spouse can then choose whether or not to document what you have agreed in a consent order issued at court. It is normally applied for after the decree nisi is declared. A consent order is a court order which will become legally binding on the date on which your decree absolute is declared, and your divorce is finalised.

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