About Us

Collaborative law

We help you manage your divorce with dignity and respect.  Divorce does not have to mean litigation war.

How does it work?

When it becomes clear that a divorce is inevitable but you want to avoid the unpleasantness of bullying lawyers and uncaring court procedures, you and your spouse each appoint collaborative lawyers.  Both of you and the lawyers then sign an undertaking not to litigate and not go to court, but to reach a settlement that suits your and your children’s circumstances best.  As long as you stay with the collaborative process, you remain in control of your divorce’s destiny. You can proceed at a pace that suits you best.

If necessary, a child psychologist or social worker is appointed by both parties to investigate how the children are affected and how best to protect their interest in the divorce.  You and your spouse will have the emotional upheaval of the divorce to deal with.  The psychologist or social worker can help look out for the children and guide you on how to prepare your children for the inevitable changes and emotional support.

If necessary, an independent financial expert is appointed by both parties to investigate the value of the estate and advice on the best financial solution to your unique situation.

How much does it cost?

95% of all divorce cases settle.  The question is whether you wasted legal fees in preparing for a long trial before the case settles, or whether every cent was spent in working out a better settlement.  The eventual cost of a collaborative divorce is far less expensive than a divorce trial.  The total cost will depend on how much time you need to work out the aspects of the divorce and how many issues you place on the table for discussion.  You are in control.

How long will it take?

Years less than the usual divorce process involving a trial.  We work at the pace that you are comfortable with so that you have less pressure on you when you have to make those life changing decisions.  The co-operation of both parties and the availability of the information also determine the duration.

Can I discuss anything?

Yes. A marriage creates many family and friendship ties as well as shared assets.  In the usual divorce the lawyers and court can only deal with a fraction of the issues that affect your divorce whereas the collaborative divorce process allows you to deal with anything that you wish to place on the table, for example, contact with the grandparents, visiting the dog, etc.

Get in contact with us and we will explain more

Please contact Elmarie Neilson at info@nacp.co.za

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