Mediated divorce assistance

FAQ for Mediated Divorce Assistance

What is mediated divorce assistance?

Mediated divorce assistance is a process where a neutral third party, called a mediator, helps divorcing couples resolve their disputes and reach an agreement on issues such as child custody, property division, and support payments.

How is mediated divorce different from traditional divorce?

In traditional divorce, each spouse hires their own attorney, and the case is typically settled in court. In a mediated divorce, the couple works with a mediator to come to an agreement outside of court. This can result in a more amicable and cost-effective divorce.

What are the benefits of mediated divorce?

Mediated divorce can be less stressful, less time-consuming, and less expensive than traditional divorce. It also allows the couple to maintain more control over the outcome of their divorce, rather than leaving the decision in the hands of a judge.

Is mediated divorce legally binding?

Yes, mediated divorce agreements are legally binding as long as they meet certain requirements. The agreement must be in writing, signed by both parties, and notarized. It must also be submitted to the court for approval.

What if we can't reach an agreement through mediation?

If the couple is unable to reach an agreement through mediation, they may still pursue traditional divorce through the court system. However, many couples are able to successfully reach an agreement through mediation.

How long does mediated divorce take?

The length of time it takes to complete a mediated divorce depends on the complexity of the issues involved and how quickly the couple is able to reach an agreement. On average, mediated divorces can be completed in 3-6 months.

How much does mediated divorce cost?

The cost of mediated divorce varies depending on the mediator's fees and the complexity of the case. However, it is generally less expensive than traditional divorce because it takes less time and involves fewer court fees.

Do we still need to hire attorneys for mediated divorce?

While it is not required to have an attorney during mediated divorce, it is recommended that each party consult with their own attorney before signing any agreements. This ensures that each party fully understands their rights and the potential consequences of the agreement.

Divorce lawyers in South Africa handle legal matters related to the dissolution of marriages and the associated legal issues such as spousal support, child custody, and division of assets. Divorce law in South Africa is primarily governed by the Divorce Act of 1979. This act provides the legal framework for divorce proceedings and the resolution of related matters. The Law Society of South Africa, along with its provincial branches, oversees and provides guidance to divorce lawyers. To find more information about divorce law and the Law Society of South Africa, you can visit the following links:

1. Divorce Act: https://www.justice.gov.za/legislation/acts/1979-070.pdf
2. Law Society of South Africa: https://www.lssa.org.za/