Family mediation services

We specialize in the following services:
• Divorce & Separation
• Maintenance (Child and Spousal Maintenance)
• Parenting Plan
• S22 Agreements
Our services include mediation as well as the drafting of the legally required agreements. After the mediation and signing of the agreements, we also provide a step by step guidance on how to file the required documents at court in order to make these agreements orders of the court.

DIVORCE AND SEPERATION

DIVORCE AND SEPERATION

We facilitate all aspects of a divorce including:
-Division of property
-Child Care & Contact
-Child and Spousal Maintenance.

A legally binding and comprehensive Divorce Settlement Agreement will be mediated between the parties.
This Divorce Settlement Agreement will address the division of assets (moveable and immovable), claims on pension funds, and sharing in liabilities.
The mediator will facilitate the parties’ discussion by identifying key issues, clarifying priorities, exploring areas of compromise, and generating options to reach an agreement. Matters such as the division of the joint estate as well as maintenance, care, and contact of the children will be discussed.
Settlements are guided by the marriage regime (community of property, with accrual, without accrual) or anti-nuptial contract or as per any agreement reached between the parties to better suit their current circumstances.
Ultimately the finalized and agreed upon Settlement Agreement will be presented to Court for approval and inclusion in the Decree of Divorce.

PARENTING PLANS

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.

A parenting plan is a roadmap for married and unmarried parents that sets out how children will be raised after separation or divorce.

In compiling this customized plan, the Mediator will explore all aspects of family life, focusing on what is in the best interest of the child and together with the parents agree on:
- Residency - where will the child live (primary residence)?;
- Contact - how often will the other parent communicate with and visit the child, how will holidays and other special days like birthdays be treated?
- Matters such as religion, health and education will also be discussed to draft a comprehensive plan.
The Children’s Act requires that children must be consulted in the details of the drafted plan.

The age, maturity, and stage of development of the child will determine the level of input allowed or required. The parents - with the guidance of the mediator - will therefore need to appoint a child psychologist who will explain to the children what a divorce is, why the divorce is happening and provide them with the reassurance as to what will happen to them upon the divorce or separation (i.e discuss the Parenting Plan with them).

The office of the Family Advocate will then sign off on the Parenting Plan. It is recommended that parenting plans be made an order of the court to assist with the enforcement thereof. Your mediator will give you step by step guidance on how to make this Plan an order of the court.
Parenting plans need to be continuously reviewed as children’s developmental needs change over time and can be amended.

Services include the drafting and negotiating of a new Parenting Plan or the revision of an existing parenting plan.

MAINTENANCE

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 to advise on the various factors that influence the requirement for maintenance.

Child Maintenance

Child maintenance is payable until the child becomes fully self-supporting. It’s calculated in proportion to the Parent’s income and include all costs for raising the child. We guide and assist parents in capturing monthly expenses relating to the upbringing of the child by completing the court approved expenditure annexure - and then calculate the required maintenance amount by considering various factors such as:
- Ability to pay maintenance (financial means);
- Standard of living to which child is currently exposed to;
- Expenses in raising the child

The Children’s Act requires that children must be consulted in the details of the drafted plan.
The age, maturity, and stage of development of the child will determine the level of input allowed or required. The parents - with the guidance of the mediator - will therefore need to appoint a child psychologist who will explain to the children what a divorce is, why the divorce is happening and provide them with the reassurance as to what will happen to them upon the divorce or separation (i.e discuss the Parenting Plan with them).

The office of the Family Advocate will then sign off on the Parenting Plan. It is recommended that parenting plans be made an order of the court to assist with the enforcement thereof.
Your mediator will give you step by step guidance on how to make this Plan an order of the court.
Parenting plans need to be continuously reviewed as children’s developmental needs change over time and can be amended.
Services include the drafting and negotiating of a new Parenting Plan or the revision of an existing parenting plan.

Spousal Maintenance

Although the legal obligation to support a spouse ends when the marriage is dissolved, spousal maintenance can be included in the settlement in certain circumstances.
Various factors and circumstances will play a role in determining the feasibility, duration, amount and type of spousal maintenance. Our services will include guiding the parties on the above and assist with a reasonable calculation where applicable.

S22 AGREEMENTS

S22 AGREEMENTS

In some circumstances, a parent may grant his/her parental responsibilities and rights to any person who has an interest in the care, well-being, and development of a minor child, without losing his/her 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.

A section 22 Agreement is an agreement between the biological parents and other family members, where family members such as grandparents or an uncle/aunt obtain certain parental rights and responsibilities such as care and or contact of the children involved.

For example, if a father passes away his parents may request contact or a more involved and active role in the lives of their grandchildren OR if a father works overseas and returns home on a quarterly basis the parties can agree for the mom and specific family members to share contact and care of the children.
These arrangements may include the contribution towards maintenance for the children, but maintenance is not a prerequisite.

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