There's no right or wrong way to feel when a marriage comes to an end. Ideally such an ending will be by mutual agreement, conducted with respect and without antagonism. However friendly a divorce can be, it's something that still requires a degree of formality in order to finalise the division of assets, any maintenance and any custody arrangements. But this formality doesn't need to involve litigation in the Family Courts. When there is little to dispute and it's more a case of formalising what you and your soon-to-be former spouse are largely already in agreement about, your divorce might be possible with guided mediation. So what does this involve?

Realistic Expectations

Such a process is beneficial when entered with an estimation of what you should be entitled to, as in your share of the value of the family home, any material assets, the contents of applicable bank accounts and any superannuation. You might have already discussed the matter with your soon-to-be former spouse, and while the details still need to be ascertained, it's not as though the requests of either party will come as a surprise. The guided mediation is overseen by a solicitor of family law, but they are more helping you to come to an agreement that satisfies both parties without the need for litigation. Both parties should have such a representative in order to guide them.

The Family Law Act

The solicitor will be of great assistance at all stages of the mediation, but their knowledge can be vital when it comes to custody arrangements and any subsequent maintenance for your children. You and your soon-to-be former spouse might not know what is appropriate in the determination of such an arrangement, but your solicitor can help you to navigate the Family Law Act so that this aspect of your divorce can likewise be settled without the need for litigation.

Disputes

A mediated journey to the dissolution of your marriage can be as pleasant as it's possible for a divorce to be⸺when the process runs smoothly. Such mediation generally occurs over a series of meetings (however many might be needed), but if it becomes apparent that your projected agreement is turning into disagreement and disputes, then you can abandon the process. Minor disputes can often be discussed and resolved, but major disputes can make the process unworkable. In this case, formal litigation might be required, and of course your solicitor specialising in family law can assist you in this eventuality.

While any divorce is always going to be a major transition, a mediated end to the marriage can be preferable to contentious court proceedings.