What Is Amicable Settlement (A Family Law Perspective)

What are the advantages of an amicable settlement in court?

In what way can a family lawyer or mediator help in achieving an amicable settlement?

In this article, we will discuss what is an amicable settlement and why you should consider it in the context of your family law case.

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Table of Contents

What is an amicable settlement

An amicable settlement is a broad term referring to the resolution of a dispute in a friendly and non-contentious manner.

For example, in the context of a family law case, a couple or spouses can reach an:

amicable divorce
amicable separation agreement
amicable agreement on spousal support and alimony
amicable settlement on child custody and child support
amicable settlement on property division

As you can see, any type of dispute or legal matter can be settled in a friendly way.

An amicable settlement can be partial or a full and final settlement of the cause of dispute.

What are the advantages of an amicable settlement

There are many advantages in reaching an amicable settlement in the context of any family law dispute.

Cheaper to resolve your conflict

First and foremost, an amicable settlement is much cheaper in helping you resolve your conflicts.

If you can find a common ground to reach an amicable agreement on the contentious elements of your family dispute, you’ll spend less money on lawyers and court process.

Think about it, the more you fight, the more lawyers and the court system have a well-paying job thanks to the money you spend.

Sometimes, it’s just not worth fighting and spending excessively just to prove you are right.

In some cases, you may decide to fight the fight for the principle of it.

However, you should be mindful that it may cost you a lot of money and your hard-earned savings to make a point.

As hard as it may be, you should consider resolving your dispute in a friendly way.

Faster to complete the legal process

Another important advantage in settling a case amicably is that you can quickly put an end to your legal dispute.

Let’s take the example of a divorce case.

If the parties are able to reach an amicable divorce settlement, they can file their divorce settlement agreement in court and demand a divorce judgment to be issued.

From the moment the divorce papers are filed, it’ll take a few months for the court to process them and issue a divorce judgment often without the spouses having to testify in court.

Reduces the stress in your life

We all want to live our lives in a stress-free and joyful manner.

Why create an unnecessary sources of stress when it can be avoided.

An amicable settlement can help minimize time loss and stress that you may need to suffer and endure in fighting a disputed divorce case.

Instead, channel your focus and energy in achieving an amicable settlement agreement with your spouse or ex-partner.

You will reduce the stress in your life and move on in a faster less damaging way.

What is the amicable settlement procedure

The amicable settlement procedure in court is typically quite simple.

In most cases, you’ll need to draft an amicable settlement agreement where you outline the key terms and conditions of your agreement.

Once the agreement is concluded and signed, you or your family lawyer will file this agreement in court following a non-contentious court procedure.

Once the court is notified of your intention to settle the case, the court will administratively refer your case to a judge who will review your settlement in his or her office.

If everything seems reasonable and fair, the judge will ratify your agreement and render a judgment on the basis of the terms you agreed upon.

The judgment issued by the judge officially puts an end to the legal procedure.

For example, in the context of a divorce case, you’ll need to agree on the terms of your divorce.

In Quebec, you’ll need to draft an agreement on the accessory measures to your divorce outlining the content of your agreement.

Once the agreement on the accessory measures is signed, you will make sure you file all your supporting documents and legal forms in court so the matter is complete for a judge to process and render a divorce judgment.

If your case contains all the necessary forms and supporting documents, a judge will render a divorce judgment and mail it to you.

In what way can a family lawyer help with an amicable settlement

If you are able to directly negotiate with your ex-spouse, know what you want and understand the court procedure, you may not need a lawyer.

However, a family lawyer can help you define the terms and conditions of your settlement agreement, negotiate the settlement with your former spouse and do what’s necessary for the court to quickly render a judgment.

If you are too emotional or you are unsure of the terms you need to negotiate, you should seriously consider hiring a family lawyer to support you.

A family law lawyer has experience in both family law and court procedures to negotiate the best possible settlement for you.

The lawyer can guide you during the negotiations to demand what you are legally entitled to in such a way as to lead to a settlement.

They can also help draft the amicable settlement agreement in such a way that it will comply with the court rules of procedure.

What value can a mediator bring in settling a case

Many refer to mediation as an alternative dispute resolution mechanism.

If you feel you have what it takes to negotiate an amicable settlement yourself, you can work with a mediator who can facilitate a settlement between you and your former spouse.

To go to mediation, you and your ex-spouse will both need to agree to voluntarily participate.

Once you both accept to participate in mediation, the mediator will act as a guide or facilitator in helping you resolve the different aspects of your divorce, separation or family law case.

If you reach an agreement, you can draft a full and final settlement agreement and submit to the court for ratification.

Mediation can be great if you are able to keep calm and rationally work through your family matter.

Takeaways

In this article, we discussed what is an amicable settlement.

An amicable settlement is the process of achieving a friendly resolution on various legal elements in a lawsuit.

In the context of a family law case, it’s the process of resolving the different aspects relating to divorce, child support, custody, alimony, division of assets or any other point important to the spouses.

Finding ways to amicably settle can be quite advantageous.

You’ll spend less money on lawyers and the courts, you’ll settle your case faster and you’ll end up with a result that you had direct control over.

If you can settle in such a way that you get what’s important to you and make concessions on the other things, you will end up a winner.

Should you need the assistance of an experienced family lawyer to support you in your family law case and potential settlement agreement negotiations, we are happy to assist.

In the meantime, good luck with your amicable settlement!