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Who gets the dog? A look at pet custody during a separation

21st July 2025
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t’s a common misconception that divorce is a bitter and complicated process. That separating couples are automatically at odds with each other and destined for legal battles.

 In reality, most couples want the opposite.

 They want a separation that’s civil, respectful and as painless as possible for themselves, any children, and their wider families and friends.

 With the right support and mindset, it is entirely possible to have an “amicable divorce”. In this article we’ll explore what that really means, what it takes to achieve one, and how to avoid pitfalls that could turn cooperation into conflict.

What does an "amicable divorce" really mean?

An amicable divorce doesn’t mean you agree on everything from the outset or that your divorce will be free of emotion. It means that, even when there are challenges, both people commit to handling things calmly and respectfully.

 If you’re considering an amicable separation, it’s likely that you:

● want to avoid unnecessary stress or conflict

● care deeply about the emotional well-being of children (if you have any)

● want to maintain a cooperative relationship

● are open to compromise and realistic about change

Importantly, an amicable divorce is not about going it alone or avoiding legal advice. It’s about “how” you go about it – keeping communication open, being honest, and focusing on what’s fair to achieve the best outcome for everybody.

 There should be no stigma around ending a relationship. For many couples, divorce is a positive and empowering step toward a healthier, more hopeful future. Choosing to do it amicably is a powerful way to protect that future.

 How to have an amicable divorce

Find the right support

Even the most civil of divorces require proper legal guidance and support. That’s not because you’re preparing for a fight. Both parties need clarity, structure and legally-binding agreements that will protect everyone involved.

 When you’re working towards an amicable separation, it’s important to choose a solicitor who understands and reflects your values.

 They will be your legal advocate, so look for someone who:

● is a member of Resolution, the organisation committed to constructive approaches to family issues

● encourages conciliatory ways of reaching solutions like Mediation, Arbitration or Collaborative Divorce

● understands your goals and communicates in a way that keeps things calm and clear

It’s also important that you feel your solicitor is supportive – someone who listens, advises and represents your voice. If you know your ex-partner responds better to a certain way of speaking or a softer tone, let your solicitor know. They can help you shape communication that stays constructive and reduces unnecessary defensiveness.

 Read our guide on How to choose the right family law solicitor for you.

Embrace acceptance

No matter how amicable you are, things will change after you separate.

 There may be lifestyle shifts, new routines, or moments that don’t fit the plan you’d imagined. That’s where acceptance comes in; understanding that change is inevitable and that negotiations will be necessary to help you let go of resentment and focus on the future.

 It’s also helpful to approach compromise not as a loss, but as a step towards stability. The goal isn’t to “win”, but to create agreements that work for everyone, especially if children are involved.

 Keeping the whole family’s wellbeing in mind (rather than just your own interests) helps reduce friction and builds a stronger foundation for the next chapter.

 Mediation

Once you accept that you and your ex-partner may see things differently and that discussing matters may at times feel uncomfortable, mediation can be a powerful tool to keep the process on track.
 

Mediation allows both people to talk through their issues with the help of a trained, neutral third party. It’s especially helpful if you have strong or opposing views on certain matters, as it keeps the conversation structured and focused.

 

Mediators don’t take sides, but they can prevent discussions from becoming overly emotional, unhelpful or where both parties start ‘refusing to budge’.

 You stay in control of the decisions and the emphasis is on finding practical, fair solutions that work for everyone involved.

 Mediation is not just useful for high-conflict situations. Many of the most amicable divorces use mediation to:

● make conversations more productive

● keep the tone respectful

● reduce misunderstandings

● speed up the process

● keep costs to a minimum

Find out more about the benefits of early collaboration in separation and divorce.

Focus on key agreements

To keep things amicable, it helps to understand the core decisions you’ll need to make. Divorce isn’t just a legal process, it’s the reshaping of two lives.

 This may include:

● Finances – how to divide marital assets (savings, pensions) and debts fairly

● Property – what happens to the family home or any jointly owned properties

● Children – where they’ll live, how they’ll spend time with each parent and how you’ll manage joint decisions going forward

Having clear goals is important, but so is being open to compromise. While the outcome may not reflect everything you initially hoped for, if it promotes long-term peace of mind and supports your family’s wellbeing, it can still be considered a positive resolution.

 Being cooperative now also increases the likelihood of flexibility in the future –around things like holiday dates, unexpected events or school arrangements – making life easier for everyone.

 Communication is key

One of the strongest tools for keeping your divorce amicable is good communication. If you were the one to initiate the separation, be mindful that your partner may be in a very different emotional place.

 They may need time to catch up emotionally and come to terms with what’s happening before moving into the practicalities.

 When the time feels right, be open about your intentions — let them know you’re seeking legal advice and give them space to do the same. Avoid springing surprises or using too much “legal language”, as this can cause unnecessary tension and make the process more difficult than it needs to be.

 Think about how your partner communicates best. If you know they react badly to feeling ambushed or blamed, steer away from that. Try to think of clear, respectful messages that keep the conversation productive.

 It helps to:

● set realistic expectations for timelines and next steps

● be open about how you’re feeling and what’s important to you

● focus on shared goals where possible – particularly the well-being of any children

Keeping the conversation calm won’t always be easy, but it is possible. And it can make all the difference to the outcome.

 Approach finances with clarity

Money is often one of the most emotionally charged aspects of divorce, but it doesn’t have to be a source of conflict. To help reduce tension and keep things amicable:

● Gather a clear picture of your current income, outgoings and assets

● Think realistically about your future financial needs

● Consider all potential options for a fair and sustainable split

You might also choose to use a financial planner or tools like joint budgeting spreadsheets to help with practical decision-making. This helps to keep things realistic and avoid fear-based conflicts.

 And while it might feel formal, with the help of your family law solicitor, applying for a Consent Order (otherwise known as a Financial Order), even if you’ve already agreed the terms, is advisable. It legally protects both of you and gives you peace of mind that your agreement will stand in the future.

A final thought

in most cases, separation is a positive and thoughtful decision – a first step towards a better life for those involved.

 At K J Smith Solicitors, we’ve supported hundreds of clients actively seeking an amicable way to end their relationship. We know from experience that, with the right support and mindset, choosing an amicable path doesn’t mean ignoring the things that matter to you. It means addressing them with respect, calmness and a focus on the future.

 Our team of experienced family law specialists understand the emotional and practical sides of separation. We’re on hand to support you with clear advice and compassionate guidance – helping you move forward with confidence, whilst remaining positive and amicable with your former partner.

 We offer a free 45-minute consultation to help you understand your options and decide the best next steps. Get in touch today – because an amicable future starts with the right approach to your separation.

Awards & Recognitions

We’re recognised by the Legal 500 as a Leading Firm in a number of practice areas. That means that an external, objective body has scrutinised our competency and client reviews, and found us to be one of the top family law practices in the UK.

Our lawyers are members of Resolution, so we are committed to a Code of Practice which promotes a constructive approach to family issues that considers the needs of the whole family.

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