FAMILY LAW
Our legal team acknowledges the importance of family life and the fact that a family unit is one of the integral parts of life. We respect the fact that the law, in light of the Constitution, is embracing new family forms and entrenching outmoded stereotypes in essence to build a rainbow nation.
In the process of giving expression to the above, we will assist, advise and guide you with all family related legal aspects.
Whether it is assisting you with the legal aspects of your engagement (for example drawing up an Antenuptial Contract before marriage) or your marriage or partnership in starting a new family (for example assisting you in estate planning, drafting of your will, formation of Trusts), our expertise will be at your service.
Furthermore we will assist, advise and guide you in post-marriage related legal aspects. We specialise in Family mediation – particularly divorces, reaching settlement agreements, including all matters pertaining your children's rights inter alia care, contact and maintenance, especially unauthorized removal of children to foreign jurisdictions.
WILLS & ESTATES
The most important question to ask yourself when you read this is: "What will happen to my estate and loved ones if tomorrow never comes?"
It is of the utmost importance that your will is in place. We will guide and advise you on planning your estate, for sound peace of mind. In drafting your will, we will assist you in doing the necessary to ensure that your wishes after life concerning your property will be fulfilled.
If deemed necessary, we will assist you in the formation and administration of Trusts. For example, to make provision for your children, if you are not in the position to take care of them yourself.
We also specialise in the winding up of deceased and insolvent estates and companies.
Don't wait until tomorrow, contact us today.
COMMERCIAL
1. REGISTRATION AND FORMATION OF BUSINESS ENTITIES
We not only specialise in the registration of business entities, but we also advise our clients as to the right entity for their specific business purpose (taking into account tax and personal liability aspects of the partners) and drafting the relevant contracts to also ensure a healthy relation between the business partners.
2. DRAFTING OF CONTRACTS
The best time to draft a contract is during the initial negotiations or as soon as possible subsequent thereto as the agreement not only stipulates the terms of the relationship, but also stipulates each partner’s responsibilities.
We are also litigation attorneys, which give us the edge in drafting contracts as we have firsthand experience in most things that go wrong between partners, either because of the absence of a business agreement or of a poorly drafted agreement.
3. BUSINESS RISK
We also advise our clients as to potential risk in businesses, which risk are, but are not limited to, inter alia:
- Co-ownership and risks with regard to transfer of ownership at a partner’s death – will a stranger inherit the deceased partner’s share or will the business (remaining partners) be financially able to buy his share;
- The debit and/or credit loan accounts of the respective partners;
- Sureties by the/a partner in favour of the business;
- Drafting of tax and business friendly Buy and Sell Agreements;
- Drafting of tax and business friendly Contingent Liability agreements.
CONTACT US FOR ALL YOUR BUSINESS RELATED QUERIES AND QUESTIONS – IF WE CANNOT HELP YOU, WE WILL CERTAINLY KNOW SOMEONE WHO WILL BE ABLE TO ASSIST YOU!
LITIGATION
We advise and assist our clients about their rights and claims.
It is our promise to act with the utmost discretion to reach the most time and cost effective results.
Should settlement not prove possible, we represent our clients in the relevant court. We have enjoyed great success in bringing cases to a positive outcome. Due to the nature of litigation, the complexity and outcome of each matter will depend on its own circumstances and merits.
CONVEYANCING
We specialise in all related aspects of conveyancing and property law. This includes inter alia drawing up the deeds of sale and registration of transfers of residential, commercial and sectional title property.
In rendering quality service, we strive to form lasting relationships with our clients and to ensure client satisfaction.
NOTARIAL
Our notarial department will assist you with all aspects of this specialised field, which includes drafting and / or authentication of notarial documents.
A very important contract to keep in mind when you are planning to get married is the Antenuptial Contract. The legal implication of this big step in your life is unfortunately often understated.
In South Africa, a person can choose between an "in community of property" or "out of community of property" type of marriage. If no Antenuptial Contract is entered into, your marriage is automatically in community of property.
In general, a significant difference between the above-mentioned types is that both parties' assets are exposed to execution by creditors if you are married in community of property. Whereas, if you are married out of community of property, your partners’ assets will be protected against creditors if you find yourself in financial difficulty.
You and your fiancé/fiancée have to enter into an Antenuptial Contract before marriage if you wish to marry out of community of property.
Contact us for guidance and advice with reference to your specific circumstances. We will enlighten you on the consequences, potential risks, advantages and disadvantages of each system.
Moreover, keep this friendly warning in mind: A High court application to change your marital status afterwards, will be very costly and will expose you to unnecessary risks. However, we can assist you in the necessary court process to have your matrimonial regime amended.