DIVORCE MEDIATION

Book A Session

A mediated divorce means you make the decisions

Is divorce the only way forward?

Divorce should never be the first choice when marital problems arise. Seek counselling first, if you believe that a marital counsellor may be able to help.

If a divorce is inevitable, speak to a mediator, as it is now mandatory for mediation to be attempted prior to litigating. Divorce mediation is a voluntary process of structured negotiation between two or more parties, facilitated by a duly qualified and registered mediator. The process of mediation helps parties resolve any differences and arrive at a mutually acceptable solution to a legal, commercial, or family problem. The solution is designed by both parties, therefore the chance that one of the parties will default or go back on the agreement are substantially lower.

South African law does not prohibit a partner from approaching the Court for a divorce. The other party could be negatively affected if they do not participate as that party would be denied the opportunity of giving inputs to the Decree of Divorce.

Either of the parties needs to prove to the court that the marriage has broken down irretrievably.

Conditions for divorce:

• A spouse has moved out of the house
• Abuse of any kind by either of the spouses
• Adultery
• Habitual criminality
• Neglecting to support financially
• Constant arguing
• Loss of love between the spouses.

The goal of mediation is to find out-of-the-box solutions and to lose as little as possible in terms of the value of the shared estate. Where needed, the services of an expert (financial / property / business) can be employed to this effect. If required, other experts such as actuaries or lawyers may also form part of the process.

 

Click here to contact us

 

 

Frequently Asked Questions

Do we need a lawyer?

In mediation an attorney is not required but may be retained if either party feels they need or want the input of an attorney.

Sometimes an attorney may direct the couple to a mediator in cases where the parenting plan or any aspect of the divorce needs mediation or negotiation. This is especially true in high-conflict situations. In these cases the mediator will supply the attorney with a memorandum or agreement to incorporate in their documentation.

A contested divorce is typically found where the parties disagree on the following:
• With whom the children should live
• Contact with the children
• Maintenance for the children or the spouses
• Division of the communal estate

 

Contested divorces usually entail multiple court appearances, which dramatically increases the cost to each of the parties.

 

Uncontested divorces are where the parties agree on all aspects and sign a divorce settlement agreement, which the court then incorporates into its Decree of Divorce. Costs are substantially lower, and the parties do not need legal representation. The parties appear before the court as a formality, but there is no trial. Once the Decree of Divorce is issued, the matter is finalised, and the parties are required to adhere to the Court order. 

The most important document required is the marriage certificate and the ANC (Ante nuptial contract) if there is one. ID docs and children’s birth certificates are also required.

 

A list of all documents required will be emailed to both parties once the Agreement to Mediate has been signed, indicating willingness by both parties to mediate the divorce and also abide by the decisions made in mediation.

A divorce can take as short as a couple of weeks, or much longer, dependent on the cooperation and availability of the parties.

Other determining factors are the family advocate’s timeframe for endorsement and the availability of the courts.

Talk to your partner about mediation. If they agree, book an appointment with us to discuss the way forward and to sign the Agreement to Mediate. Call Sally (mornings from 08h00 to 12h00) or WhatsApp 0824559097. We will respond asap.

Talk to us

Have any questions? We are always open to talk about your requirements and how we can help you.

Get In Touch

Other Services