What do we do as family mediators
Divorce and Separation
We facilitate all aspects of a divorce, including:
- Division of Assets & Liabilities
- Child Care & Contact
- Child and Spousal Maintenance.
This service excludes a detailed parenting plan. It is recommended that a detailed parenting plan is concluded as part of this process. See section: Parenting Plan.
Child Support & spousal maintenance
Our services include the calculation and negotiation of both Child and Spousal maintenance by guiding and assisting parents and spouses to complete a maintenance calculator and advising on the various factors that influence the requirement for maintenance.
A Parenting Plan is a legally binding agreement between married and unmarried parents detailing all aspects of raising their children for example the primary residence, care, and contact with both parents and all other important matters relating to their children such as religion, health, and education.
In some circumstances, a parent may grant his/her parental responsibilities and rights to any person
interested in the care, well-being, and development of a minor child without losing their
liability and competency to exercise his/her parental responsibilities and rights.
We offer mediation between the biological parents and other family members as well as the drafting of the S22 Agreement.
Putting the Pieces of a Divorce back together
Take control of your divorce through Family Mediation
“ Divorce isn’t a tragedy, staying in an unhappy relationship, teaching your children the wrong things about love is a tragedy” - Jennifer Werner
Why Choose Family Mediation
Michelle Joubert is a qualified and admitted attorney with an extensive career in the corporate and entrepreneurial world. My passion for people has led me to qualify as a professional life coach as well as a trained and accredited Family Mediator and member of the South African Association of Mediators (SAAM)
Yes, you can. After mediation, the mediator will draft all the required agreements for court submission and guide you on the process to follow to submit the necessary documents to the court.
Neither party will require a legal representative to submit the documents to court nor will they require legal representation to make the agreement(s) an order of the court
The drafted and signed agreements will need to be submitted to the court in accordance with a legal process to make the agreements an order of the court. The mediator will guide you in terms of the process to follow. No legal representation is required to conclude the process.
It’s an official court Agreement setting out how the children will be raised post the divorce or separation. The agreement will address amongst other things, matters such as:
- Care and contact
- Education & religious upbringing; and
- Any other matter relevant to the Child’s upbringing.
During mediation, the parents and the mediator will compile a draft parenting plan setting out their intentions. In accordance with the Children’s Act, this plan will then be presented to the child(ren) by a qualified child psychologist as appointed by both parties.
Final Parenting plans are submitted and approved by the Family Advocate for the Magistrate/ Judge to grant the final divorce.
Family Advocates are employed to work for the Department of Justice and Constitutional Development of South Africa. Their services are totally free of charge to the public.
The matter will then be referred to Court as a contested divorce and the parties will need to appoint legal representatives to litigate the matter and take it to trial.
No, marriage or relationship counseling helps couples to mend the relationship.
Family mediation is used when the relationship has irretrievably broken done with both parties understanding that the relationship is over, and they now wish to discuss and reach an agreement on the way forward after their relationship has ended.
Yes, family mediation is confidential, and no information mentioned during the session(s) may be disclosed with one exception – if there is a safety risk to a child – the mediator is under a legal obligation to report this to the relevant authorities.
Although the Mediator is legally qualified – mediators need to remain neutral and can therefore only give you information about laws and local court procedures but may not give legal advice.
No, the duty to pay maintenance and the right of contact with your child are two totally separate matters and has no relevance to each other.
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Divorce is not easy for parents or children. Everyone in the family feels a tremendous sense of loss and