Written by: Andrea Hiestermann
2 February 2024
What is a roundtable meeting in South African divorce law?
No one enters a marriage expecting it to end in divorce. Unfortunately, when divorce becomes a reality, it can be a highly emotional process, especially for both spouses and any children involved. Divorces in South Africa can also become financially burdensome, particularly when disputes arise over the division of assets, child custody, child maintenance , spousal maintenance or rule 43 applications.
In many cases, these conflicts centre around a few key issues. Taking a step back, it may not be worth sacrificing substantial assets, including your children’s inheritance, over relatively minor disputes with your former spouse. One effective way to avoid lengthy and costly litigation is through a roundtable —a structured meeting where both parties and their legal representatives negotiate the divorce terms. This divorce process aims to foster open communication and problem-solving to reach a mutual agreement on critical matters, from asset division to child custody.
What is the purpose of a roundtable meeting in divorce?
A roundtable is a collaborative meeting where both parties and their respective legal representatives come together to discuss and negotiate the terms of the divorce. The purpose of a roundtable is to facilitate open communication, cooperation, and problem-solving to achieve an amicable, mutual agreement on issues such as the division of the estate, child custody, and support. This entire divorce process is designed to avoid court proceedings and protect the value of the shared estate.
What Information Should I Give My Attorney before a Roundtable Meeting?
Before arranging a roundtable, it’s essential to clearly communicate your instructions to your divorce attorney. Here are some points to consider:
Define Your Position: Outline how you envision the division of your joint estate. For example, specify who will retain ownership of certain assets, such as the car or marital home.
Consider Practical Arrangements: Think about practical aspects, such as how childcare responsibilities will be managed once the estate has been divided.
By providing this information upfront, your attorney can draft an agenda to ensure an effective and productive roundtable meeting.
What Happens During a Roundtable Discussion?
During a roundtable, the divorcing spouses and their legal representatives typically meet face-to-face to address key issues related to the divorce, such as:
- Asset division;
- The primary residence arrangements for minor children;
- Child maintenance, if applicable;
- Spousal maintenance, if applicable;
- Other relevant matters related to contested divorce.
A roundtable allows both parties to express their concerns and preferences, which often leads to a quicker and more cost-effective outcome. This approach often serves as an alternative to litigation and is beneficial when both parties are willing to collaborate and find mutually agreeable solutions.
It is important to note that a roundtable is without prejudice, meaning that the discussions held during the roundtable are “confidential” and cannot be used as evidence in court if negotiations fall through.
How Should a Roundtable Be Conducted in Divorce Proceedings?
Hosting a roundtable in divorce proceedings requires careful preparation by the divorce attorneys to ensure a productive session. The success of a roundtable depends on the willingness of both parties to negotiate in good faith and to be open to mutually acceptable solutions.
What Is To Be Expected At a Roundtable?
- Location: The roundtable is usually held in a neutral and comfortable setting, such as one of the attorneys’ boardrooms or, if an advocate is involved, in the advocate’s chambers.
- Participants: Essential participants include both spouses and their legal representatives.
- Ground Rules: Attorneys typically establish ground rules to ensure a respectful discussion. These often include active listening, avoiding interruptions, communicating openly, and managing emotional responses.
- Agenda: Attorneys should set an agenda outlining the topics to be discussed, such as asset division, child custody, and maintenance arrangements.
- Open Communication: Attorneys must encourage open and honest communication. A roundtable is an opportunity for both parties to share their concerns, needs, and expectations and actively participate in the decision-making process in a constructive, prejudice-free setting.
- Solution-Orientated Focus: The attorneys must guide the discussion to focus on resolving disputes, helping parties set aside past grievances to reach solutions that meet both parties’ needs.
- Documenting Agreements: Attorneys must document any agreements or compromises reached during the roundtable discussions. These notes later form the basis for drafting the final settlement.
- Legal Review: Once the roundtable is finalised, the attorneys draft a settlement agreement and review it with both parties. Any final adjustments are made before the agreement is signed by both parties.
Need to Arrange a Roundtable for Divorce Proceedings in South Africa? Contact Burger Huyser Attorneys for a consultation today.
Burger Huyser Attorneys are experts in all aspects of divorce law in South Africa, including uncontested divorce, contested divorce and divorce mediation. A roundtable can be an effective and efficient approach to resolving divorce matters without the need for costly divorce and court proceedings. If you’re considering a roundtable in your divorce process or need assistance navigating your options, contact Burger Huyser Attorneys to consult with one of our skilled family law attorneys. Our trusted and specialist divorce lawyers are here to help you achieve a fair and amicable resolution that prioritises the well-being of all parties involved. Considering divorce has huge implications on the spouses involved, be sure to arrange a consultation with one of our family law specialists or phone us directly on the numbers below.
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton callÂ
DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE
