If both agree divorce is the next step, you can file jointly and submit an agreement setting out its consequences. The court then need only approve rather than decide them. It generally approves unless obviously inappropriate. Child matters and pension sharing are exceptions.
Deviations from equal pension sharing are approved only in special cases, while the court decides child matters freely. You may make applications in your agreement, but the court may depart from them even if both spouses agreed.
Child matters form part of the agreement but are only applications to the court. It departs from them only if not in the child's best interests. Equal division of pensions is always approved. Besides pensions and child matters, a divorce agreement should contain:
- Post-marital maintenance where applicable
- Division of matrimonial property
- Allocation of the family home
- Agreement on court and lawyer costs
If you disagree on one or more points, you can also ask the court to decide them.
We are happy to help draft a divorce agreement and welcome your enquiry without obligation.