Welcome to South Africa's First Collaborative Divorce Website
“The most significant variable affecting whether a divorce will be managed well or whether it will slide into high conflict litigation is who the parties select as their lawyers. Lawyers who understand the nature of human conflict and who aim to help people resolve it, right from the start, handle their cases entirely differently ..." - Pauline Tessler International Collaborative Family Law Expert
The adversarial court system in South Africa is often not suitable for resolving family law disputes. In court, legal representatives are constrained by the principles and rules of law, which are often not well suited to a client’s particular situation and his/her needs. The problem is that the legal community as a whole – our laws, courts, court rules – values and rewards ‘victory’ at any cost, making it difficult to focus on the post-divorce needs of clients. Despite intentions to the contrary, a court outcome is very seldom a good fit for families.
Divorce and separation is never easy. But with the help of trained and skilled legal, financial, mental health and childcare professionals, conflict and animosity is reduced and you can avoid the economic and emotional pressures and strains of litigation.
There are basically two forms of divorce, uncontested or contested. The latter is acrimonious, expensive and emotionally draining.
The following are forms of uncontested divorces:
Contested / Litigated divorces
Collaborative Divorce (also called no-court divorce or divorce with dignity), helps you resolve difficult financial and parental rights and responsibility issues in a way that allows your family to transition successfully into your new life.
The aim and purpose of the Collaborative divorce or separation process is to reach a settlement that benefits the entire family. The process is client-driven, rather than attorney-driven and each person’s goals are identified and disagreements are resolved using an interest-based, problem solving approach.
Children’s needs are addressed especially well in the Collaborative process. Although there is no pain-free way to end a marriage, respect allows you and your partner to create an atmosphere in which you and your children can prosper.