Divorce is ugly. Purely from a moral perspective, society finds it hard to swallow. But it does not have to be ugly or hard to swallow, at least from a legal perspective. Although happiness itself is an elusive concept and likely depends on what part of the Earth one currently occupies and although we are yet to find it written anywhere in our books, the right for any human being to be happy and reach their full potential in pursuit of happiness is part of our law. This right is disguised in a series of written laws. The biggest example of such laws is the Constitution itself. The Constitution is nothing but an affirmation that for as long as we live, we shall advance to our happiness through a list of the rights and freedoms guaranteed thereunder. To bring it home, through the Matrimonial Causes Act[ Chapter 29:06 of the Laws Of Botswana], the law understands that if you are unable to maintain happiness in your marriage you should be allowed to get out of it, provided you fulfil the conditions set in the said Act for doing so.At Makopo Law Office we support the idea of a family and are aware of the interest of society in seeing the family grow and produce responsible and solid citizens in the process. But we also understand that society, through its laws, has agreed that your individual happiness as a spouse, in a family setting, should not take the backseat. For this reason, Makopo Law Office will stand with you if it is time for you to activate your right to happiness in your marriage. This is because we also understand that your net family happiness is as good as your ability to stay happy in your marriage.
1. We will act for you as a Plaintiff. When you start divorce proceedings and have them filed at Court, you are called a Plaintiff. The law restricts you in what you can state as grounds for divorce. We will take you through the available grounds or reasons for divorce and help with an assessment of whether they are valid at law. We will take you through the implications on your property and children. When satisfied, with your instructions, we will go ahead and file a case. We will take you through the normal Court processes and stages and will have you ready for the final day at Court when you testify before a Judge that this is what you want and that you should be granted permission to divorce your spouse. We will also help with addressing the Court on issues of custody, maintenance and property division by encouraging a settlement and if settlement fails, within the limits of the law, we will go to war on your behalf to seek an outcome favorable to your instructions. Where the outcome is not favorable or unlikely to be unfavorable, we have a duty to help you appreciate this beforehand and after. 2. We will act for you as a Defendant. Sometimes your spouse, the Plaintiff, would have already filed a divorce case against you. In that case, you are the Defendant. You need to respond by either contesting the divorce or agreeing to it. We will meaningfully discuss the options and will walk you through all the stages of the Court process including standing in your corner when it comes to issues of custody, maintenance and property division. Within the limits of the law, we will go to war on your behalf to seek an outcome favorable to your instructions. Where the outcome is not favorable or unlikely to be unfavorable, we have a duty to help you appreciate this beforehand and after. 3. By approaching us on various matrimonial issues other than divorce, like changing your matrimonial property regime(from in to out of community and vice versa), when you want to have the marriage declared invalid or null and void, judicial separation or on any actions that relate to protecting your property even before you divorce etc 4. By freely helping you find counselling services from professionals around and outside our office. However, you may expect the said processionals to levy their own charges.
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