RSSCategory: Technical

Did Your Attorney Advise You of Your Duty to Mediate?

Did Your Attorney Advise You of Your Duty to Mediate?

South African case law has changed the way the courts view the start of a divorce process with Acting Judge Brassey in the South Gauteng High Court (Brownlee v Brownlee: 2008/25274) emphasising the duty of parties to attempt to mediate a dispute involving a divorce process and the obligation of their respective attorneys to encourage […]

27th September 2015 | By More
When Divorce Litigation is Inevitable

When Divorce Litigation is Inevitable

Although litigation is traditionally the most common option for divorce, around 90% of divorces are settled out of court worldwide. Good litigation ought to negotiate the best compromise that will keep your divorce case out of court. However, there are instances where going to court remains the most viable option. . Unwillingness to Divorce The […]

15th September 2015 | By More
Maintenance Defaulters Beware!

Maintenance Defaulters Beware!

President Jacob Zuma has signed the much-criticised Maintenance Amendment Act (Act No 9 of 2015) into law‚ a statement said today. “The aim of the Act is to amend the Maintenance Act‚ 1998 (Act No 99 of 1998)‚ in order to improve the maintenance system‚” the Presidency said. The Act‚ the statement said‚ seeks to […]

9th September 2015 | By More
Collaborative Divorce Mitigates Against Stress

Collaborative Divorce Mitigates Against Stress

I am an attorney.  When people phone to enquire about a divorce there are only two questions that they want answered – How much will it cost and how soon can it be done? These questions are undoubtedly important.  Yet I am still surprised that a decision to end a marriage and proceed with a […]

8th September 2015 | By More
Featured Article: Marissa Galloway-Bailey

Featured Article: Marissa Galloway-Bailey

Marissa Galloway-Bailey decided to focus on her passion after several years of practising as a family law attorney in Johannesburg. Apart from being an accredited member of SAAM (South African Association of Mediators) and a founding representative for the newly- formed SAAM Johannesburg South Regional Committee, she is also accredited by the University of Stellenbosch’s […]

2nd September 2015 | By More
Divorce Mediation Myths

Divorce Mediation Myths

Myth: Mediation allows one spouse to dominate another. Fact: A good mediator pays close attention to the power balance between the spouses and uses specific techniques to address any imbalance. If one spouse persists in dominating behaviour, the mediator will call a stop to the mediation rather than allowing it to continue. One caveat: Even […]

25th August 2015 | By More
Mediation: Last Resort, or First Choice?

Mediation: Last Resort, or First Choice?

A couple had  been in litigation for a little over 6 months and were running out of money. The 6 months were spent by the lawyers in discovery, producing endless bank account, credit card and loan statements, household bills, insurance premiums. etc. from the past 5 years. The lawyers felt that was a reasonable amount […]

21st August 2015 | By More
Common Questions about Mediation Answered

Common Questions about Mediation Answered

Here are some common scenarios that couples often find themselves in as they consider divorce mediation: I want a peaceful divorce but I don’t trust that my spouse will be fully forthcoming in disclosing all of his/her financial information. Can divorce mediation still work? In order for divorce mediation to work successfully, there must generally […]

19th August 2015 | By More
The Four Divorce Alternatives

The Four Divorce Alternatives

No two marriages are the same, and so it only follows that no two divorces will be the same, either. In fact, if you are contemplating divorce, you have several options about how to proceed. In general terms, you need to consider four broad categories of divorce alternatives: Do-It-Yourself (DIY), Mediation, Collaborative and Litigation. Let’s take a […]

17th August 2015 | By More
The Benefits of Mediation

The Benefits of Mediation

. Choose to mediate which is a more effective way of resolving your differences that will benefit your family and safe guard the emotional well-being of your children. . Mediation is an informal conflict-resolution process facilitated by a neutral third-person, the mediator. Mediation gives people the opportunity to discuss their issues, clear up misunderstandings, and […]

10th August 2015 | By More