My son and his wife have three children 12, 9 and 5 years old. They are intending to divorce. They have a successful business and good income from the business. A house with mortgage. Two company cars. Also a dog. How can they divorce amicably under Bri

Divorcing amicably can be challenging, especially when children and shared assets are involved, but it is possible. Here are some steps that your son and his wife can consider to help facilitate an amicable divorce under British law: ### Steps for an Amicable Divorce 1. **Open Communication**: Encourage them to have honest and respectful discussions about their feelings and future arrangements. Open communication is crucial to reaching mutual agreements. 2. **Seek Mediation**: Utilizing a trained mediator can assist them in negotiating terms of the divorce. Mediation can help them discuss sensitive issues such as child custody, finances, and the division of assets without going to court. 3. **Consider Collaborative Divorce**: In a collaborative divorce, both parties and their respective solicitors agree to work together to settle their issues cooperatively, without resorting to litigation. 4. **Children Matters**: They should come to an agreement regarding the care and upbringing of their children, including living arrangements, visitation (contact) schedules, and decision-making responsibilities. The best interests of the children should always come first, and they can consider drafting a "parenting plan." 5. **Financial Disclosure**: Both parties need to disclose their financial positions transparently, including income, assets, liabilities, and any business interests. This helps in negotiating a fair settlement. 6. **Division of Assets**: They will need to consider how to divide their assets, including: - **The House**: They may sell the house and split the proceeds, or one party may buy out the other's interest. They might also consider who will continue living in the house, especially concerning the children's stability. - **Business**: If they own a successful business together, they will need to determine how to handle it. This could involve one partner buying the other out or continuing to run the business together with clear agreements in place. - **Cars**: They should agree on the division or ownership of the company cars. If the cars are tied to the business, the ownership may also correlate with the business arrangement. - **Pets**: As for the dog, they should discuss who will take on the responsibility for the pet, considering who has been the primary caregiver. 7. **Legal Advice**: It's advisable for both parties to seek independent legal advice, even if they aim for an amicable process. This ensures they understand their rights and obligations under the law. 8. **Financial Settlements and Child Maintenance**: They may draft a financial settlement that includes arrangements for spousal maintenance (if necessary) and child maintenance payments. The Child Maintenance Service can help with calculations if they cannot agree. 9. **Finalizing the Divorce**: Once they reach agreements, they can apply for a divorce and submit a consent order to the court if they have made financial agreements that need formal recognition. ### Considerations of Entitlement and Responsibility - **Children**: Both parents are equally responsible for the upbringing of their children. They need to agree on parenting plans and child maintenance. - **Assets**: The division of assets can be influenced by several factors, including the length of the marriage, each party's financial contribution, needs, and responsibilities to the children. Generally, assets acquired during the marriage are treated as marital assets and are subject to division. - **Liabilities**: They should discuss how to manage the mortgage and any debts associated with their personal and shared finances. ### Important Factors - **Fairness**: The division should be based on fairness and the best interests of the children. It's important to consider both parties' needs and future well-being. - **Legal Processes**: They must adhere to the legal processes to ensure that their agreements are enforceable. - **Communication**: Maintaining respectful communication is key to minimizing conflict. By following these steps and considering the various factors involved, your son and his wife can work towards an amicable divorce that is respectful and fair to both parties and their children.