Best Divorce Lawyer Advice – Focus on your case – not the emotions involved

Once upon a time, an individual and their spouse were deeply engaged in a profound romantic relationship, characterized by love and mutual respect. This connection led to the pivotal decision to enter into marriage and embark on a shared life journey. Following their union, they may have welcomed children into their family and created a multitude of cherished memories—celebrations, milestones, and everyday moments that strengthened their bond. However, over time, a significant turning point emerged, one that fundamentally altered the trajectory of their relationship. Disagreements began to surface, leading to a gradual emotional detachment between the partners. Despite their best efforts to restore the affection they once felt for each other, these attempts proved unsuccessful, ultimately culminating in the contemplation of divorce.

Best Strategies for Navigating Divorce for Optimal Outcomes

It is not uncommon to witness clients struggling with the emotional ramifications of divorce as they seek assistance in addressing various legal matters. When clients approach us, they often face challenges that extend beyond emotional distress, including the complexities associated with child custody, division of assets, and personal maintenance. Some clients may operate under the misconception that criticizing their partner or airing grievances will enhance their chances of obtaining a more favorable outcome. However, it is crucial to understand that while these emotions are valid and significant, they do not directly impact the objective issues at hand concerning children, property, and financial support.

Best Legal Strategy to employ in Divorces

As legal professionals, our primary goal is to assist clients in navigating their emotional challenges effectively, allowing us to redirect our focus toward the substantive issues that require resolution. This pivotal transition is essential; it serves as a breakthrough moment that enables both the client and their attorney to approach the case with clarity and a constructive mindset. While we remain empathetic to our clients’ emotional experiences, it becomes evident that managing these emotions better facilitates a more effective and favorable resolution to their legal matters.

Focusing on Relevant Legal Issues

Once we have successfully guided clients beyond the emotional turmoil associated with divorce, a concerted focus can be established on the critical legal issues that need to be addressed. The primary objectives during this phase encompass securing an equitable settlement or achieving a favorable judgment through trial proceedings. It is imperative to recognize that triumph in these legal matters rests on the foundation of factual evidence rather than emotional arguments, leading to improved outcomes for the client. For instance, when determining child support, if the monthly cost of raising a child is established at R 10,000, the court adheres to this figure, irrespective of any negative behavior exhibited by the other parent—such as infidelity or other actions that may have contributed to the marital breakdown. These considerations, while emotionally charged, do not influence the financial outcome in a legal context.

Best way to proceed with your divorce case

Therefore, it is essential for parents involved in divorce proceedings to present comprehensive and accurate evidence that substantiates the actual costs associated with the care of their children. This encompasses not only basic necessities but also additional financial obligations that may arise. Furthermore, it is crucial to clearly outline the financial responsibilities that both parents should assume in relation to these costs. This process emphasizes the necessity of grounding discussions in factual data, thereby highlighting that the legal proceedings should focus on practical issues rather than the emotional narratives surrounding the separation. Such an approach can significantly enhance the likelihood of a favorable resolution that meets the needs of all parties involved. If you wish to consult with us, complete the form below:
Posted on by Telelaw

Best Divorce Lawyer Advice – Focus on your case – not the emotions involved

Once upon a time, an individual and their spouse were deeply engaged in a profound romantic relationship, characterized by love and mutual respect. This connection led to the pivotal decision to enter into marriage and embark on a shared life journey. Following their union, they may have welcomed children into their family and created a multitude of cherished memories—celebrations, milestones, and everyday moments that strengthened their bond. However, over time, a significant turning point emerged, one that fundamentally altered the trajectory of their relationship. Disagreements began to surface, leading to a gradual emotional detachment between the partners. Despite their best efforts to restore the affection they once felt for each other, these attempts proved unsuccessful, ultimately culminating in the contemplation of divorce.

Best Strategies for Navigating Divorce for Optimal Outcomes

It is not uncommon to witness clients struggling with the emotional ramifications of divorce as they seek assistance in addressing various legal matters. When clients approach us, they often face challenges that extend beyond emotional distress, including the complexities associated with child custody, division of assets, and personal maintenance. Some clients may operate under the misconception that criticizing their partner or airing grievances will enhance their chances of obtaining a more favorable outcome. However, it is crucial to understand that while these emotions are valid and significant, they do not directly impact the objective issues at hand concerning children, property, and financial support.

Best Legal Strategy to employ in Divorces

As legal professionals, our primary goal is to assist clients in navigating their emotional challenges effectively, allowing us to redirect our focus toward the substantive issues that require resolution. This pivotal transition is essential; it serves as a breakthrough moment that enables both the client and their attorney to approach the case with clarity and a constructive mindset. While we remain empathetic to our clients’ emotional experiences, it becomes evident that managing these emotions better facilitates a more effective and favorable resolution to their legal matters.

Focusing on Relevant Legal Issues

Once we have successfully guided clients beyond the emotional turmoil associated with divorce, a concerted focus can be established on the critical legal issues that need to be addressed. The primary objectives during this phase encompass securing an equitable settlement or achieving a favorable judgment through trial proceedings. It is imperative to recognize that triumph in these legal matters rests on the foundation of factual evidence rather than emotional arguments, leading to improved outcomes for the client.

For instance, when determining child support, if the monthly cost of raising a child is established at R 10,000, the court adheres to this figure, irrespective of any negative behavior exhibited by the other parent—such as infidelity or other actions that may have contributed to the marital breakdown. These considerations, while emotionally charged, do not influence the financial outcome in a legal context.

Best way to proceed with your divorce case

Therefore, it is essential for parents involved in divorce proceedings to present comprehensive and accurate evidence that substantiates the actual costs associated with the care of their children. This encompasses not only basic necessities but also additional financial obligations that may arise. Furthermore, it is crucial to clearly outline the financial responsibilities that both parents should assume in relation to these costs. This process emphasizes the necessity of grounding discussions in factual data, thereby highlighting that the legal proceedings should focus on practical issues rather than the emotional narratives surrounding the separation. Such an approach can significantly enhance the likelihood of a favorable resolution that meets the needs of all parties involved.

If you wish to consult with us, complete the form below:

Related Post

Parental consent for a minor child’s enrolment into a school – What can you do if co-guardianship consent is refused?

Children have a right to a decent education—one which would benefit them in life. Every caring parent wants to give their child the best education possible according to their specific circumstances and station in life.  Not all parents earn the same amount of money or have access the best type of education. However, most parents will do their best, which the law and society expect of all parents. In doing so, they ensure that their child has the best opportunities in life.

Parents co-operating in educating their minor children

It is vitally important for parents to co-operate when it comes to their minor child’s education. This relates to the enrollment into a school, the paying of school fees, transportation, parent involvement, homework, etc. If one parent does not wish to be involved in the child’s education, they should not hinder or obstruct the other parent from attending to the minor child’s education. For example, if the primary caregiver wants to enrol the minor child into a school, the other parent should co-operate in signing the necessary documents etc. It would be gravely unfortunate if a child’s right to a reasonable education is being prejudiced because the uninterested parent does not want to co-operate.

Parents not agreeing on the school the minor child should attend

Having dealt with the critical aspect of a minor child receiving a decent education and them co-operating; parents sometimes have conflicting views on what type of education is in the minor child’s best interests. Disputes may arise as to what school the minor child should attend or the subjects they should do. Parents being unable to agree on the essential aspects of the minor child’s education can cause severe problems for the minor child’s future. The law does not expect parents to agree on all aspects of the minor child’s education. However, the disagreement should not compromise the minor child’s education. If there is an impasse, a parent must give in. The law, therefore, expects parents to agree on those important issues regarding the minor child’s education and work together on making the minor child’s educational journey as smooth as possible.

Where do most educational disputes stem from?

Most parental disputes regarding a minor child’s education arise when the parents are separated or not living together. Here the reference is made to divorced parents or parents who were in a relationship and now separated. This is unfortunate as the minor child already has to deal with having parents living in separate homes and sharing time with each parent. It is not the minor child’s fault that his or her parents are not together or have issues. An issue may be where one parent prefers a school closer to their home and the other closer to their work. Or a parent prefers the minor child to attend a school which historically excelled in sport or academia.

Issue of affordability of education

Other considerations are that of affordability or the cost of education. One parent may not be able to afford the school fees of the current or new school. These are challenges that are not easy to resolve. When it comes to money issues, it is difficult to find solutions without looking into the parents’ pocket. This also comes with its own challenges. This is so as you would have to firstly deal with the issue of what is a better school for the minor child, and then the issue of affordability, location and so on. It is easy to determine which school is in theory better than the other by ticking off boxes. However, if school fees would not be paid, the exercise may be futile, when dealing with schools outside the affordability bracket of the parents.

When does the issue of a change in schooling arise?

Most of the minor child’s educational disputes between the parents comes to play when the child has to enrol into a new school. Usually in grade R or grade 7. If the child is attending a school, parents would usually not bring up any issues until those grades have been completed (or are soon to be completed). As a primary care giver of your child, you would want to ensure that your child has a school ready to attend the following year. You would also want to ensure that the school is an ideal school, considering the fees, location, subjects they offer and so on. If you leave this issue of application and enrolment into schools too late, you may end up having to enrol your child into as school far from your home or work. It may happen that the school your child ultimately attends do not have the curriculum you want for your child.

Parental consent for enrolment into a new school

Schools require both guardians of a minor child to enrol them into a school. This is especially so if the father’s name is on the birth certificate. If the parents are separated, and either parent is uncooperative, the child may not get accepted into a school timeously or into the best-suited school for him or her. If parents have their own personal issues between the two of them, then the situation becomes worse. One parent may try to use his or her right to consent as leverage for something else. For example, he or she will only consent if her or she does not have to pay any school fees.

What do you do if parental consent is not provided?

If there is a dispute regarding the school your child should attend, and it cannot be resolved between the parents; we suggest you try to mediate the issue with an experienced mediator or family counsellor. If that does not happen because the other parent does not want to partake, or the outcome is unsatisfactory to you, then you would have to approach the Court for assistance in resolving the matter. This is unfortunate as the child is the one who would suffer as he or she would be attending the school. The Court can make an order that only one parent’s consent is required for the enrolment of the minor child into a school.

What does the Court look at when deciding on parental consent?

As always, the court always looks at what is in the minor child’s best interest when it comes to issues surrounding him or her. Therefore, when it comes to parental consent issues in relation to education, the court would have to decide what is best for the minor child. Is it best that the minor child attend school A, or School B.? Before the court so decides, it would firstly hear from both parents. It may even ask the Office of the Family Advocate to first investigate and give their recommendations.

Court overriding the parents rights

If the court orders that School B would be best, then it would order that the parent who does not support School B should provide his or her consent, failing which, his or her consent is dispensed with. This process can take very long and can become very expensive. It would have been best if the parents used their money towards the minor child’s education. At the end of the day, litigation does not serve the minor child in the long run, especially when it comes to his or her education.    
Posted on by Telelaw

Updated: 16 April 2020

New regulations have been issued on 16 April 2020. Click on the link below: The material change is that you do not have to have a court order or a parental responsibilities and rights agreement or parenting plan, registered with the family advocate. Possession of a birth certificate or certified copy of a birth certificate is now also allowed.

Update: 07 April 2020

NEW LOCKDOWN REGULATIONS REGARDING THE MOVEMENT OF CHILDREN – CERTAIN PARENTS MAY MOVE CHILDREN DURING THE NATIONAL LOCKDOWN PERIOD (7 April 2020)

Latest Directives by the Minister of Social Development regarding the movement of children during the National Lockdown (30 March 2020)

On 30 March 2020, the Minister of Social Development, Ms Lindiwe D Zulu, issued directives in order to prevent and combat the spread of the COVID-19. The directives in relation to parental contact are as follows: (m)Directions to contain the spread of COVID-19 in exercising the care and contact by persons who are co-holders of parental responsibilities and rights during the lockdown period (i) Movement of children between co-holders of parental responsibilities during the lockdown period is prohibited. This is to ensure that the child is not exposed to any possible infection whilst moving from primary caregiver premises to the other; (ii) The child must remain in the custody of the parent with whom the child was with, when lockdown period started; (iii) The parent who is not with the child during the lockdown period may, in order to maintain a personal relationship with the child, communicate on a regular basis with the child in any other manner, including telephone or any other form of electronic communication which may also include skype, WhatsApp or video call; (iv)Co-holders of parental responsibilities and rights must communicate with their child or children including communicating what COVID-19 is and the temporary precautionary measures that are applied to contain the spread of COVID-19. Click here to download the directives from the Government site. Below are images are the directives. (i) Movement of children between co-holders of parental responsibilities during the lockdown period is prohibited. This is to ensure that the child is not exposed to any possible infection whilst moving from primary caregiver premises to the other;   (i) Movement of children between co-holders of parental responsibilities during the lockdown period is prohibited. This is to ensure that the child is not exposed to any possible infection whilst moving from primary caregiver premises to the other;

Update: 07 April 2020

NEW LOCKDOWN REGULATIONS REGARDING THE MOVEMENT OF CHILDREN – CERTAIN PARENTS MAY MOVE CHILDREN DURING THE NATIONAL LOCKDOWN PERIOD (7 April 2020)
Posted on by Telelaw

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