Attorney and mediator, Ugeeta Pala, discusses what happens when saying “i do” becomes “I don’t want to”.
The unprecedented strain that we have encountered with COVID-19 has not only impacted the health of many but the lockdown has placed imminent pressure on relationships which caused the dissolution of marriages. The increase in the breakdown of relationships during COVID-19 has been alarming and it has shown us what happens when tragedy strikes.
Let’s take a look at the processes involved in instituting divorce and how this impacts the parties:
The property regime you are married in determines how your divorce would be finalised. This is a very important step in deciding which marriage to enter into, as this will determine how assets and liabilities get distributed upon divorce.
A divorce would either be unopposed, where both parties agree to mutually dissolve the marriage, or opposed – where one party contests the divorce or defends the action. An unopposed divorce is an amicable, cost-effective method where parties can also agree on terms of the dissolution, irrespective of maintenance and children – in a signed settlement agreement. This helps to make the process more fluid and can save costs and protracted litigation. An opposed divorced can be emotionally consuming and can be heavy on the pocket for both parties.
As of March 2020, the new Rule 41A has been incorporated in the High Court Rules. This new rule requires parties to a dispute (both actions and applications) to initiate potential mediation from the outset. This procedure, which remains voluntary in the sense that parties aren’t required to mediate their disputes, is nevertheless a huge step forward. At the very least it will encourage parties to consider mediation, with all its advantages, right at the start of the dispute. Both parties can enter mutually into the process of divorcing each other, or one party (usually the plaintiff) would initiate divorce proceedings. A summons, with a particulars of claim is served on the defendant. Should the defendant oppose the divorce this would then become an opposed matter which can be long-winded and emotionally tiring for both parties. Once children are borne of the marriage this would automatically involve the services of a family advocate. Some law firms and the regional courts are offering DIY divorce processes which are available, but these can be tricky for someone without legal knowledge. It is best to let a professional guide you through the process as divorces can be complicated and confusing.
Divorces are considered the second most traumatic event after death that a human being encounters in life, and this should be the fundamental reason in procuring the services of a skilled divorce attorney.
Divorce is life-altering and we should always consider that entering into a marriage is the biggest personal decision one will ever make.
By Ugeeta Pala, Attorney and Mediator at Ugeeta Pala & Associates, 071 096 5966, ugeeta@pala.co.za.