Practical Considerations:

• Can you resolve your divorce peacefully?
• Will it be a contested or uncontested divorce?
• How can mediation help?
• If you have minor children, you will need a parenting plan
• Financial obligations and changes
• Decide your living arrangements
• Will you need a separation agreement?
• Where will your children stay?
• How will you share holidays?
• Division of assets and debts
• Maintenance to spouse and children
• Will you go to magistrate court or the high court?
• Can the mediator do your divorce?
• When do you need to get lawyers?
• When can you do a DIY divorce?

Mediation

We mediate all aspects of Family Law, such as divorce and separation, maintenance, property division, parental responsibilities and rights.

Getting a mediator to help you find common ground is one way to avoid the high costs of a contested divorce.

Divorce and Separation

Our Divorce mediators are specialists in the field of Divorce and Separation and can assist you in separating and settling all elements of your divorce or separation. We can help you to draw up a settlement agreement that can be used going forward into your divorce.

Parenting Plans

Our mediators have extensive experience in resolving disputes between parents regarding care and contact of children. We assist with a parenting plan that will suit both parties.

Maintenance

We are able to determine your maintenance needs to both spouse and children.

Effects on your children.

Divorce is a turning point in a person's life, especially for children. Their lives will never be the same again, and they will become different people as they adjust to new routines and new versions of their parents (who have also changed). They could move to a new house, go to a new school, or join a new stepfamily. A lot of the time, children blame themselves for their parents' breakup and feel guilty and sad about it. Children often feel responsible for their parents. You will need to think about the decisions you will make and how it will impact them. Try to be a civil as you can with each other.

Change in finances.

There will be a shift and change in your finances. There will be things that you will need to consider like paying maintenance to a spouse and child. You will no longer benefit from medical aid under a family plan. You might have to think about splitting your assets. You will need to re look at your retirement funds and investments. There might also be an obligation to share your pension fund. Cutting back on expenses will be a reality. Things to be changed would be your bond registrations, bank account details, your life policies, your will, and short-term insurance changes. Consider the costs of running two households.

Parent-child relationships.

Divorce has a deep and personal effect on children. The way a child feels about each parent changes over time. Sadness, confusion, fear of being left alone, guilt, anger, loyalty conflicts, worry, and grief are all painful emotions. Every child reacts to the loss in a different way. Committing to one-on-one time with each child, affirming their strengths, reinforcing positive behaviours, listening without judging, accepting their feelings, reflecting understanding, connecting words to feelings, allowing silence and giving children space to not talk. All of these help both kids and parents get to know each other better and grow closer. To strengthen the bond between parent and child, you will need to set up new family rituals and habits, build trust and confidence, share, communicate and have a deeper level of understanding towards them. What is best for your child?

Relationship with Ex-Spouse.

If you have children, you will need to communicate with each other. You will need to speak to each other, plan, and work together to solve problems relating to your children. Parents need to figure out how to get along and make choices that will not be harmful to their children. You might have to consider putting your differences aside, as it can get very hard for the children when decisions need to be made about holidays, money, time, and new spouses. We can assist with mediation to help you find the middle ground.

Division of assets.

Dividing up a household between spouses (or even if one person keeps it all) makes people feel sad, angry, and sad about their situation. You will need to think about the division of your assets, the furniture, cars, property etc.

Holidays

Parents who are no longer together will have to share the kids on holidays or take turns. Either way, that leaves one parent alone or without their kids on some of the most emotional and nostalgic days of the year. Other important days, like graduations, birthdays, and weddings, must be celebrated by both parents at the same time. This can cause tension if the exes haven't learned how to be nice to each other. You will need to consider how you are going to work this out.

Types of divorces.

Contested Divorce

Contested divorces can inflict emotional and financial trauma on all family members.

Contested divorces occur when spouses can't agree on terms. Most disputes involve child care, maintenance, and asset division. In certain circumstances, one or both spouses refuse to settle out of emotion.

In a contentious divorce, both spouses appear in court, and the judge decides their divorce. This can cause substantial legal expenses and emotional trauma and take three years or longer to resolve.

Uncontested Divorce

This alternative is quick, cheap, and reduces family stress.

In an uncontested divorce, spouses agree on terms. This involves judgments on maintenance, asset division, and child care.

Both spouses can consult and appoint an unbiased counsel to protect their interests and prepare the final settlement agreement, which is signed by both and made a court order.

Uncontested divorces take weeks to finalize.

Mediated Divorce

In this sort of divorce, couples who can't agree on a settlement hire an attorney and/or mediator to help them negotiate.

Mediators are unbiased, trained professionals who assist couples in setting aside short-term conflicts and negotiating an acceptable settlement so they may start a new future. Attorneys who give legal advice during mediation usually appoint mediators.

Once the mediator has assisted the couples in reaching an agreement, their attorney(s) can draft the official settlement agreement, which must be signed by both spouses and made a court order.

Mediation can lower divorce costs.