Unfortunately, divorces are not always uncontested as parties are not always able to work out their differences or able to reach a settlement prior to the divorce. In these cases it is necessary that the matter goes to trial in order for a court to adjudicate the issues between the parties.
At the heart of every divorce are four issues:
1. Custody of minor children;
2. Payment of child and / or spousal support;
3. Division of communal and / or marital property
4. Division of debt
Uncontested divorces are less expensive and progresses through the courts much more quickly than contested divorces. Contested divorces could take years to be finalised and attorneys debit hourly fees. Please therefore note that such divorces could become very costly.
All parties seeking a divorce should first attempt to work out mutual terms for the separation without going to court. If the spouses cannot resolve disputes on their own, they should attempt to arbitrate and mediate the issues with a qualified mediator. This would almost certainly save time, money and frustration.
Complex issues, high financial stakes and technical legal procedures are the marks of contested divorces. While an uncontested divorce can often be performed without the wide ranging consultation of an attorney, litigation often makes experienced counsel necessary for a contested divorce. If one spouse is represented by an attorney or there are difficult financial issues, seeking an attorney is always a wise decision.
Mediation is when an independent third party will work with both sides to try to reach a settlement agreement. The mediator would be able to advise the parties on the scenarios should the matter go to court. The mediation process is always without prejudice.
A mediator is a neutral third party who usually have a legal and/or psychology background. A mediator does not decide the case and has no authority to make any decision or force any of the parties to make a decision. The decision-making power remains with the various spouses. The mediator will attempt to guide the parties in making reasonable decisions.
Contact us to assist you with appointing the most efficient and qualified Mediator.