Not every divorce begins with conflict. Sometimes, you both know the marriage has come to an end and want to handle what happens next with as much care and cooperation as possible. That can make the process less contentious, but there are still big decisions to be made. You may be wondering whether you each need your own solicitor, for example, or whether choosing an amicable divorce still means attending court.
Sharp Family Law is a Bath family law firm that helps couples navigate an amicable divorce, by various methods including the One Couple, One Solicitor approach that enables one solicitor to advise you both.
When you're ready, you can start with the confidential online form, in your own time and at your own pace.
Key points
- An amicable divorce means you both accept the marriage is over and work constructively together to resolve financial and practical consequences of your separation, including arrangements for any children without a court battle or a Judge imposing on you a decision.
- You do not necessarily need separate solicitors. Where appropriate the One Couple, One Solicitor approach, also known as Resolution Together, enables one specially trained solicitor to advise you both and help you reach a fair and informed agreement.
- An agreement you reach between yourselves is not, in itself, legally binding. In relation to financial arrangements, your agreement should be recorded in a consent order. Once approved, the order makes the financial agreement legally binding.
- An amicable divorce still involves the court, as the divorce itself follows the statutory court process and any financial agreement requires court approval. However, where matters are agreed, the process will often be dealt with on paper and neither of you will usually need to attend a court hearing before a Judge.
What is an amicable divorce?
An amicable divorce is one where you both accept that the marriage is over and cooperate to settle money, property and arrangements for your children without turning those decisions into a court battle. It doesn't mean that you need to agree immediately on every detail. It simply offers a way to approach the decisions ahead with a shared intention to resolve them constructively.
It helps to separate three terms that are often used interchangeably:
- Amicable describes the approach you're taking.
- No-fault describes the legal basis every divorce in England and Wales has used since the law changed in 2022, regardless of how well you get on.
- Uncontested simply means neither of you is challenging the divorce itself.
So, rather than a legal term, amicable is a way of describing how you’re choosing to move through the process – preserving cooperation where you can, while still making sure the decisions you reach properly protect you both.
Do you both need a solicitor to divorce?
You do not always need a solicitor each to divorce: under the One Couple, One Solicitor approach, Sharp Family Law can advise both of you together, rather than each instructing your own separate representation.
This route sits alongside collaborative law as one of the ways Sharp Family Law can guide you through a divorce. One Couple, One Solicitor works well specifically for couples who both want to reach a fair outcome together, can talk things through openly, and will each disclose to the other their finances in full.
Is your agreement binding without a court order?
No. An agreement you reach between yourselves is not legally binding until a court approves it in a consent order. Until then, your financial claims against each other stay open.
A consent order formalises what you've agreed, turning a private understanding into something the court has actually approved. A judge has to be satisfied it's fair and reasonable in the circumstances before signing it off, so it isn't simply a rubber stamp on whatever the two of you have worked out.
Without that order in place, your financial claims against each other remain unresolved, potentially for years after the divorce itself is finalised.
Does an amicable divorce still go to court?
An amicable divorce still passes through the court, but you will not normally need to attend a hearing in person. The application, a 20-week wait, the conditional divorce order, and the final divorce order are all handled online or on paper as follows:
- You submit a joint or sole application for a divorce.
- Then work through a 20-week reflection period before the conditional divorce order can be granted.
- From there, at least 43 days (six weeks and one day) must pass before the final divorce order can be granted, the point at which the marriage is dissolved and ends.
The divorce process itself is largely an administrative exercise – a matter of working through the court's timetable, not arguing a case. The one step where a judge actively scrutinises what you've agreed is the separate financial consent order.
What do you both need to agree on in an amicable divorce?
You and your spouse need to reach agreement on the practical and financial consequences of your separation, including arrangements for any children, the family home, savings and investments, pensions, and any debts.
These are not simply matters to discuss informally or resolve in passing. They will form the substance of the financial agreement that can be recorded in a consent order and, once approved by a judge, become legally binding. Reaching a properly considered agreement on these issues is therefore central to ensuring that your divorce and financial separation proceed as smoothly and constructively as possible.
A handful of things tend to make a significant difference to whether an amicable divorce progresses successfully: clear and respectful communication, complete and open financial disclosure from both and a shared commitment to finding workable solutions. Where children are involved, keep their needs and welfare at the centre of every decision.
When is One Couple, One Solicitor not right for your divorce?
The one-solicitor route is not right for every divorce: it cannot be used where there has been abuse, a power imbalance, hidden finances, or where one of you has already instructed a solicitor and been separately advised.
These are structural exclusions, built into the approach specifically to protect you, since one solicitor genuinely cannot advise both sides fairly where any of these circumstances are present. It's exactly why the process begins with a first discussion and assessment before either of you commits to this route, giving Sharp Family Law the chance to check it's actually right for your situation.
If it isn't, that's not the end of the road. Sharp Family Law can still guide you through another way to divorce, from constructive negotiation to collaborative law, or court where that's what your situation needs. In each instance, the right process is shaped by your circumstances and priorities.
Speak to Sharp Family Law about divorcing together
If you're ready for a first conversation, we're happy to talk it through, whether that's in person or remotely, whenever suits you both.
Sharp Family Law was the first firm in Bath to offer the One Couple, One Solicitor approach, and Richard Sharp has guided numerous couples through the process. That's the kind of experience worth having behind you when you're choosing to divorce this way.
When you're ready, start with a confidential online form, and we'll take it from there.
Common questions about amicable divorce
How much does an amicable divorce cost? The court charges a fixed fee to apply for a divorce, and your legal costs depend on how much you need help with. Sharp Family Law sets out common price ranges per route on its divorce costs page.
Can we use the same solicitor for our divorce? Yes. Where a couple qualifies, one solicitor can advise both of you through the divorce process, an approach Sharp Family Law offers as One Couple, One Solicitor. Our guide to using one solicitor for your divorce explains how it works and who it suits.
How long does an amicable divorce take? An amicable divorce usually takes at least seven months, because the legal process sets a 20-week wait after you apply for a divorce and a further six weeks and one day from the conditional divorce order before granting the final divorce order.
Is an amicable divorce the same as mediation? No. An amicable divorce is the cooperative approach you take; mediation is one specific dispute resolution process for reaching agreement, where an independent, neutral, fair minded mediator helps you work things out without giving either of you legal advice. Sharp Family Law doesn't provide a mediation service itself, but can refer you to an accredited family mediator and advise you around the process – including turning anything you agree into a legally binding consent order.