Every marriage, like life, has its highs and lows. Sometimes, some space is necessary for all parties involved in order to clear the air and come to terms with what needs to be done in order to move forward. However, getting a divorce is as life-changing a decision as marriage is. Spouses may just need some time on their own to decide if they want to save the marriage and how.
A will is a legal document setting your intentions in relation to the distribution of your property and the care of your minor children when you pass away. If you do not have a valid will, your intentions may not be followed as your Estate will be distributed according to the Intestate Succession Act. As you have acquired assets over the course of your life, you should have some say in how your assets are distributed rather than let your assets be distributed according to the intestate succession act.
A Lasting Power of Attorney (LPA) is a legal document that allows a donor, who is a person of at least 21 years of age and who has the mental capacity to voluntarily appoint one or more persons (donees) to make decisions and act on his behalf for either personal welfare or property and affairs matters when the donor lacks the mental capacity to do.
Having a child is a traditional part of building a family. Adoption is the legal process under the Adoption of Children Act (“ACA”) where the adopters become the new legal parents of the child, and all legal ties to parenthood that the previous parents may have with the child are officially severed.
Mediation is a typical ADR process which involves the parties in a dispute heard before a neutral third party, such as a mediator, who shall guide and expedite negotiations between parties to, hopefully, reach an agreement to settle the dispute. A significant role of the mediator is that he or she will not force any of the parties to come to an agreement; this agreement shall be a voluntary one. Parties are also actively encouraged, before trial, to attempt in a session of mediation, although parties cannot and will not be forced to do so by the Courts.
During the lifetime of any marriage, it is very common for gifts to be given between spouses. However, during a divorce or the onset of a divorce, some typical questions include “will the gifts given by my spouse be subjected to laws on the division of matrimonial assets?”, or “do I get to keep the gifts my spouse gave me during the marriage?”.