Frequently Asked Questions
Divorce Mediation
Divorce mediation is a process where a neutral third-party mediator helps divorcing couples reach mutually agreeable solutions regarding issues like asset division, child custody, and alimony, without going to court.
During mediation, the couple meets with a mediator to discuss and negotiate the terms of their divorce. The mediator facilitates communication, helps clarify issues, and encourages compromise but does not make decisions for the couple.
In some jurisdictions, mediation may be required before proceeding with a contested divorce in court. However, it is often voluntary, and couples can decide whether or not to participate.
Benefits of mediation include reduced legal costs, faster resolution, more control over the outcome, and a less adversarial approach, which can be especially important if children are involved.
The duration of mediation depends on the complexity of the issues and the cooperation of both parties. It can take anywhere from a few sessions to several months, with most cases resolving in 2-6 sessions.
Yes, divorce mediation is confidential. Anything discussed during the sessions cannot be used against either party in court. This confidentiality encourages open and honest communication.
A lawyer is required to submit the divorce agreement to the court to finalise the divorce. Here at FMD, our lawyer submits the documents on your behalf.
Yes, mediation can be used to address child custody, visitation, and support. The mediator helps the parents develop a parenting plan that focuses on the child's best interests.
If mediation fails, the couple can proceed with litigation in court. However, the mediator may provide recommendations or suggest areas for further negotiation, and the couple may try mediation again.
Once a mediation agreement is reached, it can be made into a legally binding contract by filing it with the court. If either party fails to comply with the terms, the agreement can be enforced like any other court order.
Divorce Facilitation
Divorce facilitation is a process where a neutral third party helps couples navigate the complexities of divorce. It focuses on open communication, conflict resolution, and creating a fair agreement without the need for lengthy court battles.
Both involve a neutral party, but facilitation is broader and can include aspects like financial planning and emotional support. Mediation focuses primarily on resolving legal disputes.
While a lawyer isn't required, it is advisable to consult one for legal advice, especially if there are complex issues or significant assets involved.
The duration depends on the complexity of the issues and the willingness of both parties to cooperate. It can range from a few weeks to several months.
The agreements made during facilitation are not legally binding until they are reviewed and approved by a court.
Yes, divorce facilitation can be especially helpful for co-parenting and creating a child custody plan that works best for both parties and the children.
Divorce facilitation is typically less stressful, more cost-effective, and quicker than going to court. It also allows for a more personalized approach and focuses on amicable solutions.
If an agreement cannot be reached, you may need to proceed with traditional litigation or try other methods like mediation or arbitration.
Yes, facilitators are trained to handle power imbalances and ensure that both parties have a fair opportunity to express their needs and concerns.
The cost varies based on the facilitator’s fees and the complexity of the case. It is generally more affordable than traditional divorce litigation.
Family Conflict Resolution
Family conflict resolution is a process that helps resolve disagreements and disputes within a family setting. It uses mediation and communication techniques to help family members find common ground.
It is needed when there are ongoing disputes or issues that family members cannot resolve on their own, such as disagreements about finances, parenting, or elder care.
he process involves a neutral third party, like a mediator, who guides family members through discussions to identify the issues and work towards a mutually acceptable solution.
Conflicts related to divorce, child custody, parenting plans, sibling disputes, inheritance issues, and caregiving responsibilities can be resolved through this process.
Yes, family mediation is confidential. The discussions that take place cannot be used in court unless all parties agree.
The duration varies depending on the complexity of the issue and the willingness of the parties to cooperate. It can range from a few sessions to several weeks.
In some cases, children may be included, especially if the conflict directly affects them. However, it is usually done in a sensitive manner that considers their age and emotional well-being.
If no agreement is reached, you may need to seek legal assistance or proceed with court intervention for a resolution.
It is often very effective, as it focuses on open communication and compromise, which can help preserve family relationships and reduce stress.
While a lawyer is not required, having legal advice can be helpful, especially in cases involving legal agreements or complex disputes.
Alimony Calculations
Alimony, also known as spousal support, is a financial payment made by one spouse to the other after divorce to help maintain their standard of living.
Alimony is typically calculated based on factors like the length of the marriage, the income of both spouses, their financial needs, and the standard of living during the marriage.
The spouse who earns less or is financially dependent on the other may be eligible to receive alimony, depending on the circumstances of the marriage.
The duration of alimony varies. It can be temporary (for a set period) or permanent (until the receiving spouse remarries or passes away). The court decides based on the specifics of the case.
Yes, alimony can be modified if there is a significant change in circumstances, such as job loss, health issues, or changes in financial status.
As of 2019, alimony payments are no longer tax-deductible for the payer, and the recipient does not have to report it as taxable income (applicable in certain countries like the USA).
If alimony payments are not made, the receiving spouse can seek legal enforcement through the court, which may result in wage garnishment or other legal actions.
Yes, spouses can agree on alimony terms out of court through mediation or negotiation, but it must be documented and approved by a court to be enforceable.
If the recipient of alimony remarries, alimony payments usually end. However, this can vary depending on the terms of the divorce agreement.
No, alimony laws vary by state and country. It is important to consult legal experts familiar with local regulations to understand specific requirements.
Apostille
An Apostille is a certification provided under the Hague Convention to verify the authenticity of documents for use in foreign countries. It ensures that the document is genuine and accepted by authorities in other member countries.
Documents such as birth certificates, marriage certificates, power of attorney, academic transcripts, and notarized documents can be Apostilled, as long as they are issued by a competent authority
You can obtain an Apostille by submitting the original document or a certified copy to the appropriate government authority or an Apostille service provider in your country. This process varies by location.
The processing time depends on the country and the specific service provider. Typically, it takes anywhere from a few days to a couple of weeks, but expedited services may be available.
If you're sending documents to a country that is a member of the Hague Convention, you will likely need an Apostille to validate them for use. Non-Hague Convention countries may require a consular legalization instead.
No. Notarization is the process of witnessing and authenticating signatures on documents, while an Apostille certifies the document's authenticity for use internationally.
Apostille is a simplified method used for documents destined for countries that are signatories to the Hague Convention. Legalization, on the other hand, is a more complicated process for countries that are not part of the Hague Convention.
Yes, Apostilles can be applied to documents in any language. However, a certified translation may be required in some cases for the Apostille to be valid in the foreign country.
If a document is not eligible for an Apostille, it may need to undergo consular legalization or other forms of authentication depending on the country where it will be used.
Yes, a notarized document can be Apostilled, provided it meets the requirements and is issued by the relevant authority. Often, notarization is the first step in obtaining an Apostille.