Module 10 (5) Flashcards
What is the kitchen agreement
Two seperating parents come together and make an agreement without any issues (they get along) but for property divisions and child support, further steps are required
Under the family property act, what is something you NEED to have in order for the agreement to be binding
Two lawyers involved in finalizing the agreement (section 38)
Child support is the right of the child and not the parent, so if the parents agreed to a different amount than the child support guidlines, it will only be binding if…
The child is properly provided for and guidelines are therefor not needed
and
Reasonable arrangements have been made
What is the maintenance Enforcement Program (MEP)?
A program that does the work of collecting child support
needs a court order
What is Mediatot
A trained professional who guides you through the conversations and decisions you need to make.
They will then do up a report of the agreement, take it to their lawyer, and finalize it
Why cant a mediator give advice?
Because it would be a conflict of interest, so its best to have a lawyer
What is a Lawyer led negotiation
Using a lawyer from the beggining would mean they draft documents and negotiagte with the other party for you.
What happens if lawyer-led negotiations dont work?
You would proceed to court, first to an temorary order in chambers, or in special chambers
What are temporary intern order in chambers and what are Special chambers
Temporary = Where one judge hears multiple cases all in a row
Special = a judge will hear just two or three
What is Collaborative Family Law?
Both lawyers are trained and certified in collaberative family law
All negotiations happen through four-way meetings with everyone present, and in the beginning, lawyers and parties sign a contract stating that if anyone decides to go to court, everyone must start over with new lawyers
Why is Collaberative family law ideal?
Because it encourages parties to work together and avoid court
What other proffesions can be collaboratively trained for family matters like this?
Psychologists and Accountants
When would someone apply quickly in court for an Emergency Protection Order (EPO)
When there is family violence and one party or the children are at risk
