FAMILY LAW
We focus on unopposed divorces, opposed divorces, parental agreements, care and contact facilitation, mediation, and conscious coaching.
At Chiba Attorneys, we are committed to ensuring that while you go through this journey of divorce or separation, your family ties are kept intact and that the best interests of your children are at the forefront. We have qualified mediators who hold international accreditation to give you the compassionate experience that you deserve, during this time. We understand that everyone needs peace of mind, especially when going through a divorce.
Mediated Divorce:
Divorce mediation is a co-operative negotiation process where a third party assists you in negotiating your divorce settlement. The goal is to reach a mutually satisfying agreement that recognises the needs and rights of all parties. Divorce mediation is a lot more time and cost effective than divorce litigation.
At Chiba Attorneys we are here to comfort you and guide you through every step of the way. We care about our community and people and explore Alternative Dispute Resolution for divorces in the form of Divorce Mediation.
It is in our best interest that we:
- Save you time.
- Save you from expenses of further litigation.
- Allow both spouses to be directly involved in reaching a settlement that is specifically tailored to their needs.
- Reduce the burden on the court system.
Increased control on the divorce process: Allows the parties to maintain control of the divorce settlement in terms of the process and the outcome. - Improved Communication: Promotes a collaborative decision-making process, which can benefit post-divorce interactions.
- Decision making power remains with both spouses – Conflict is reduced by parties working together.
- Both spouses mutually would like their differences to be resolved as soon as possible.
- Both spouses agree that they can negotiate in a fair and equitable manner.
- If children are involved we can draft a parenting plan.
- The proceedings are conducted in private and you are in control of your own position – Emotional stress of divorce is minimized.
Main Areas of Interest:
- Maintenance
- Division of Assets
- Life insurance
- Pension plans
- Health insurance/ Medical Aid
- Spousal Support: amount, method, time
- Parenting plans (how each parent is going to exercise their respective responsibilities and rights in respect of minor children.
- Educational expenses
- Housing Expenses
- Legal expense
Opposed and Unopposed Divorces
An opposed divorce and an unopposed divorce refer to two different scenarios in the process of legally ending a marriage. Let’s explore the differences between these two types of divorces:
Opposed Divorce:
In an opposed divorce, the spouses do not agree on one or more key issues related to the divorce, such as access to children, division of property, maintenance, or any other matters that need resolution. As a result, the divorce becomes a contested legal process that requires court intervention to reach a decision on the disputed issues. Here are the key features of an opposed divorce:
- Conflict and Disagreement: In an opposed divorce, there is disagreement between the spouses regarding important aspects of the divorce settlement.
- Legal Process: The divorce proceedings can be lengthy and complex due to the need for legal arguments, evidence, and court appearances to present the opposing positions.
- Court Involvement: The court may need to make decisions on various issues if the spouses cannot reach an agreement through negotiation or mediation.
- Legal Representation: In most cases, both parties will need their own legal representation to advocate for their interests in court.
- Emotional Strain: An opposed divorce can be emotionally challenging for all parties involved, as it involves legal battles and potentially adversarial interactions.
Unopposed Divorce
An unopposed divorce, also known as an uncontested divorce, occurs when both spouses agree on all major issues related to the divorce settlement. This type of divorce tends to be smoother and more efficient since there is no need for extensive court proceedings or legal battles. Here are the key features of an unopposed divorce:
- Mutual Agreement: In an unopposed divorce, both spouses are in agreement on important matters such as child custody, property division, support, and more.
- Simplified Process: Since there is agreement on all issues, the divorce process tends to be simpler, faster, and less expensive.
- Limited Court Involvement: An unopposed divorce may require minimal court involvement.
- Fewer Legal Costs: Legal fees and court costs are generally lower in unopposed divorces compared to opposed divorces.
- Reduced Emotional Strain: Unopposed divorces typically involve less conflict and emotional stress, allowing both parties to move forward more smoothly.
- Legal separation and parenting plans: Legal separation and parenting plans are important aspects to consider when a couple decides to live apart while still legally married.
Legal Separation:
Legal separation is a formal arrangement in which a married couple decides to live separately and formalize their separation through legal means. It’s different from divorce in that the marriage is not dissolved, but the couple lives apart and their legal responsibilities are defined. Here’s what you should know about legal separation:
- Purpose: Legal separation is often chosen by couples who need time apart to assess their relationship or to address specific issues, such as financial matters or personal differences.
- Legal Agreement: A legal separation agreement outlines the terms and conditions of the separation, including child custody, support, property division, and spousal support. This agreement is legally binding.
- Parenting Plan: If the couple has children, a comprehensive parenting plan is typically part of the legal separation agreement. The plan outlines each parent’s rights and responsibilities regarding access, visitation, decision-making, and more.
- Financial Arrangements: The legal separation agreement can address financial matters, including how expenses will be divided, maintenance, and the distribution of assets and debts.
- Effect on Marital Status: The couple remains legally married during a legal separation.
- Reconciliation: Legal separation allows for the possibility of reconciliation, as the marriage is not terminated. If the couple decides to reconcile, they can do so without needing to remarry.
Parenting Plans During Legal Separation:
Parenting plans are crucial when there are children involved in a legal separation. These plans outline how the parents will share access, make decisions for the children, and address various aspects of parenting. Here’s what parenting plans typically include:
- Custody Arrangements: Parenting plans define the type of custody each parent will have, whether its sole custody, joint custody, or another arrangement.
- Visitation Schedule: The plan includes a detailed schedule outlining when the children will spend time with each parent, including weekdays, weekends, holidays, and vacations.
- Decision-Making: Parenting plans address how major decisions regarding the children’s education, healthcare, religion, and extracurricular activities will be made.
- Communication: The plan may include guidelines for communication between parents, such as how they will share information and make important decisions together.
- Maintenance: If applicable, the plan will outline how child support will be determined and paid by the non-custodial parent.
- Co-Parenting Guidelines: Parenting plans often include guidelines for how parents will work together to ensure the children’s well-being and smooth transitions between households.
Legal separation and well-structured parenting plans provide a framework for couples to navigate their separation while safeguarding their children’s best interests. These arrangements can help minimize conflict and create a more stable environment for both spouses and their children during a challenging time. It’s advisable to consult legal professionals experienced in family law to ensure that your legal separation and parenting plans are well-documented and legally sound.
We offer invaluable support, equipping our clients with professional litigation services, understanding of family matters and the tools to help them face life after divorce. Our clients are promised legal professionals who uphold the belief of promoting healthier relationships, personal growth and the well-being of all family members involved.