Where settlement is reached sooner, rather than later, the parties not only save unnecessary legal costs, but have a better chance of maintaining a workable relationship after divorce. This is especially important where minor children are involved as the parties must be able to communicate with each other after the divorce, without entering into unnecessary quarrels. After the divorce, the parties will have to, amongst others, arrange the exercise of their rights to contact with their children and inform each other of information, activities, and achievements of their children
The settlement must be in the minor children’s best interest. The aforesaid is the test that every settlement agreement will have to pass before a court will incorporate it into a divorce order. It is for this reason that the Family Advocate is required to approve the settlement agreement to ensure that the rights of the minor children are protected.
Once you have made contact with our offices, we will ask you for the information and documentation we require assisting you.
We will then schedule a consultation as soon as possible to advise you of your rights and options available and obtain the terms on which you and your spouse are willing to settle, alternatively the terms on which we should negotiate with your spouse or his or her attorney.
If your spouse is willing to attend our offices with you, we will also provide you with the option of mediation, especially where minor children are involved.
Upon receipt of all your information and instructions we will provide you with a draft settlement proposal for your consideration. Should you be happy with the content thereof, the settlement proposal will be forwarded to your spouse or his or her attorney for signature or comment.
Once there is a signed settlement agreement we will issue a summons to which the settlement agreement forms an annexure.
The summons will then be served on your spouse who, in law has then 10 business days to defend the summons. As a result of the fact that a settlement has been reached, your spouse will not defend the summons.
Upon the expiration of 10 business days after service of the summons, a date for the hearing of the matter will be obtained and your divorce will be enrolled as an unopposed application.
Where there are minor children involved, a copy of the summons, together with the original settlement agreement, will be filed at the offices of the family advocate to consider whether the settlement agreement is in the best interest of the minor children.
Prior to the hearing of the matter we will schedule another consultation with you to explain to you the process that will be followed and what will be expected of you at the hearing of your divorce.
Once the order of divorce is granted, it will take approximately one to two weeks to obtain a copy thereof.
We are always on standby to receive your query - 24 Hour Emergency Line - 072 727 2231