WHAT SHOULD BE CONSIDERED AND WHAT IS THE PROCEDURE IF YOU AND YOUR SPOUSE HAVE DECIDED TO GET DIVORCED AND WANT TO REACH AN AGREEMENT ON THE TERMS OF YOUR DIVORCE?
Divorce is traumatic for all concerned – for you as the divorcing couple as well as for your children. If you and your spouse have agreed to get divorced and you wish to determine how to move forward, both in respect of your children (if applicable) and your financial affairs, what should you consider?
If you are able to discuss this between yourselves in an effort to reach agreement, the following should be considered :
- If you have minor children, decide with whom they will live, what contact (visitation rights) the other parent will have, how school holidays will be dealt with and what your respective maintenance obligations in regard to the children will be.
- Will one spouse be required to pay personal maintenance to the other? If so, what amount will be paid and for how long will it be paid?
- How will you divide your assets?
When you have discussed and agreed on these points, your agreement must be recorded in a written agreement which will form part of your divorce order. This agreement has a very specific format and it is important that it is worded correctly to reflect exactly what your agreement is in respect of all of the points mentioned above.
We can assist you to draw up your agreement in the format required by the Court whilst ensuring that it correctly reflects your agreement and assist you to finalise your divorce on an unopposed basis.