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The dissolution of a marriage is a complex process with long-term effects.

Divorce refers to the legal dissolution of a marriage by court and is commenced when one party serves the other with a summons, which sets out their claim with regards to immovable and movable property, finances, spousal maintenance, if any, child maintenance, pension funds, policies, etc.

There are typically two types of divorces: the contested and the uncontested divorce. An uncontested divorce is usually quick to resolve, whereas a contested divorce can take much longer before the parties reach settlement between themselves or in the absence thereof, takes the matter to trial for the court to make an Order. An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. This includes how to divide your assets and which parent will become the parent of primary residence and which will be the parent of alternate residence. A settlement agreement is then drafted and signed by both parties.

The contested divorce process is much more expensive and consists of the following stages:

• pleadings;
• application for and set down of trial date;
• discovery of documents;
• further discovery and particulars;
• pre-trial conference;
• trial; and
• judgment.

At Simpsons Attorneys Inc. we wish to guide you through this process and endeavour to act in your best interests at all times.

A Parenting plan is a written agreement between the parents and indicates how each parent will exercise their parental responsibilities and rights in terms of the minor child after a divorce or separation. Such a parenting plan may be reviewed from time to time to be in line with the developmental changes of the child.
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This can aim to resolve the following issues:

• where and with whom the child will live primarily;
• the exercising of contact with the other parent (the alternate residence);
• maintenance for the child; as well as
• schooling and upbringing of the minor child.