MAINTENANCE MEDIATION
A collaborative approach
When you go through a separation or divorce, one of the most important issues to resolve is maintenance.
Child Maintenance
Child maintenance is one of the most critical aspects of family law in South Africa. Both parents have an equal duty to provide financial support for their children. The amount of child maintenance is determined by the child’s needs and the income and financial capabilities of both parents. Through mediation, parents can discuss and agree upon the amount of monthly support required to cover essential needs such as education, healthcare, and basic living expenses.
Spousal Maintenance
Spousal maintenance is the financial support one spouse may be required to pay to the other following a divorce or separation. In South Africa, spousal maintenance is typically awarded based on the needs of the lower-earning spouse and the ability of the higher-earning spouse to pay. Factors like the length of the marriage, the age and health of both spouses and their respective financial capacities are all considered when determining maintenance amounts.
Maintenance Mediation Benefits
Maintenance mediation is a less adversarial approach where a mediator helps you reach a fair and reasonable agreement without the burden of costly and drawn-out legal proceedings.
- Mediation enables parents to discuss their needs, expectations, and ability to pay without the pressure of litigation.
- The mediator ensures that the terms are fair and realistic.
- Mediation is confidential, allowing parents to discuss sensitive financial issues in private, instead of publicly in a courtroom.
- Parents can create solutions that meet their unique circumstances, instead of a rigid court order imposed by a judge who does not know the full picture.
- Parents working together to develop a maintenance plan are more likely to maintain a positive co-parenting relationship, which benefits their child.
- Faster resolution allows for quicker financial stability and emotional closure.