RSSCategory: Technical

Parenting Plans

Parenting Plans

What is a Parenting Plan? A parenting plan is a written agreement between co-holders of parental responsibilities and rights, outlining in detail their respective responsibilities and rights of care, contact, guardianship and maintenance with regard to a child. What must a Parenting Plan deal with? A parenting plan may determine any matter in connection with […]

22nd June 2015 | By More
Litigation versus Collaboration

Litigation versus Collaboration

Litigation will cost a lot of money, often hundreds of thousands of Rand. The litigated process demands that a set series of processes take place and it takes up a huge amount of time for attorneys to comply with the process and rules. Advocates are often appointed in addition to attorneys and whole days can […]

14th April 2015 | By More
Is Litigation Worth It?

Is Litigation Worth It?

What happens in reality is that the litigation process takes hold of both clients and carries them away like a raging river. They fall into it and almost lose control over what happens. The attorneys do the best they can, but the way they are trained is to simply force the next legal step on […]

14th April 2015 | By More
What is a fair divorce?

What is a fair divorce?

A fair divorce is where the needs of both parents are in balance like the scales of justice, while keeping the children’s needs in mind as the overriding factor. Even if your spouse is angry and bitter, you can change this by not reacting in fear and anger yourself. You don’t have to be on […]

25th March 2015 | By More
Litigational Abuse

Litigational Abuse

. Litigational Abuse . . . Definition: Deliberate, protracted litigation, of actions that have little or no merit, with the vexatious and/or frivolous intent to harass or subdue an adversary. Legal victimisation, intended to impose severe psychological stress and financial ruin. Falsification of evidence and improper manipulation of the legal system. Effects: People are impoverished […]

25th March 2015 | By More
What is a Parenting Plan?

What is a Parenting Plan?

The Children’s Act offers parenting plans as a method to assist parents with how to exercise their parental responsibilities and rights after separation or divorce. Parenting plans are a relatively new concept in South Africa, but are already popular in countries such as the United States and Australia, and in certain European countries. A parenting […]

24th March 2015 | By More
Unfounded Criminal Charges

Unfounded Criminal Charges

.  7 Reasons Why Using Unfounded Criminal Charges and Baseless Orders of Protection as A Tool in Your Divorce is a REALLY BAD idea. . . Doing this escalates the conflict in your case one thousand fold. You might as well throw gasoline on a fire. After you have your spouse arrested and/or thrown out of […]

23rd March 2015 | By More
How does Mediation differ from Collaborative Law?

How does Mediation differ from Collaborative Law?

In mediation, an impartial third party, who acts as the mediator, assists the parties with their negotiations and tries to help them settle their dispute. The mediator does not have to be an attorney and cannot act as an advocate for either side or give either party legal advice. In other words, if an agreement […]

19th March 2015 | By More