Expertise

FAMILY & MATRIMONIAL LAW

We specialize in family and matrimonial law and we understand the difficulty it is to make the decision to get a divorce. Due to the complexities, we are there to assist and make it easier for you to grapple through the legal process.

Our aim is to make sure that your unique case receives the best outcome for you as well as for your children.

UNOPPOSED AND OPPOSED DIVORCES

An unopposed divorce is the process whereby the parties agree to the terms of the Plaintiff’s claim and therefore, to not dispute over the particulars set forward. An unopposed divorce is finalized in a more time and cost effective manner as the parties sign a settlement agreement.

An opposed divorce is when the Defendant to the matter opposes and disagrees to the particulars of claim set forward by the Plaintiff. The party in disagreement will then have the opportunity to provide their facts which differ. A divorce results in being opposed when there are disputes over child care, residency and factual differences.

ANTE-NUPTIAL CONTRACTS

Before getting married, there are a few steps to take on the legal side to ensure that your marital regime is taken care of.

We inform our clients of the options that you may choose from to decide how you want your marriage regime to be dealt with. There are three different marital regimes being In Community of Property, Out of Community of Property inclusive of the Accrual and Out of Community of Property exclusive of the Accrual.

We assist in helping you make the correct decision to protect you and your partner’s interests.

DOMESTIC VIOLENCE, HARASSMENT AND PROTECTION ORDERS

This section of the law is a sensitive topic but we are here to assist you in receiving the necessary protection you require. Our team will assist you in a way that provides emotional and legal support to ensure that the process of receiving an order of this kind is speedy and effective.

WILLS AND ESTATES

There is a time that arises to make sure that your assets, finances and legacies are safely protected and organized, in the event of you one-day passing. We ensure that your documents are in place so that when the time comes, your entire estate is handled correctly and within your best interests and wishes.

PRIMARY RESIDENCE WITH REGARDS TO MINOR CHILDREN

When parents are involved in a divorce, there is often a dispute over who will be awarded primary care over the child/children. It is important that parents are aware that both the mother and father have parental responsibilities and rights. Our team assists you in the process to approach the Family Advocate and to make sure that the best interests of the children are taken care of.

MAINTENANCE

After and during a divorce, whether there is maintenance payable to the parties themselves or to their children (minors or majors), we assist the parties who can bring an application in the Maintenance Court to have their maintenance amount reduced or increased, due to change in circumstances which is fair and reasonable.

MEDIATION

We understand that many people do not want to embark on lengthy legal proceedings therefore, we inform our clients that mediation is a cheaper and quicker alternative to getting a divorce.

SPEAK TO OUR TEAM OF EXPERTS

INSOLVENCY MATTERS

South Africa is a creditor favored country. Insolvency is a sensitive and unfortunate event that occurs in people’s lives but our legal team assists you as a natural person or your company as a juristic person, in the best possible way.

LIQUIDATIONS

When a Company or Close Corporation can no longer operate as they used to, the Company or Close Corporation will undergo the “winding-up” process meaning that the assets need to be sold, creditors need to be paid and closing of the Company or Close Corporation. Our legal team assist by drafting the Application and ensuring that all the correct steps in terms of the necessary Acts are adhered to.

SEQUESTRATIONS

When you, as an individual, can no longer pay your own debts, your estate will undergo the process of sequestration. We will assist in drafting the application to surrender your estate under the governance of the Insolvency Act, 24 of 1936. This is a daunting process and therefore we give you detailed advice on how to go through the sequestration process as well as financially survive thereafter.

CIVIL LITIGATION

Our legal team are more than capable in assisting you in instituting action for a claim or for defending a claim, based on a variety of matters. When one party wrongs another party, we will able to guide you through the correct process.

We may assist you, across a broad variety of applications for you to receive your monetary claim or result which is best suited for you.

This aspect of the law is very broad and therefore, we encourage you to contact our law firm for more information and insight.

Dawie de beer Attorneys Civil Litigation

DEBT COLLECTION

We understand the difficulties with debt collecting and how it can affect your business whether it be big or small. All businesses rely on cash flow to survive and therefore, our team assists in your debt collection. Through the pandemic and the aftermath thereof, we gained more perspective with the different avenues of debt collection and we are experienced to assist you and your business to receive the money owed to you, no matter the quantity.

PROPERTY RELATED MATTERS AND CONVEYANCING

There are many different disputes that can arise with regards to property being levies, sectional title disputes and sale agreements, to name a few.

Our team provide you with legal advice that assists in managing these disputes and finding the best solution for you and the property in question.

We deal with assisting our clients with Memorandums of Incorporations, Home Owners Associations, trustees of Body Corporates, owners of units in a Sectional Title and other related matters. When it comes to divorce and other property related matters, is important to have the correct conveyancing advice so that the transfer of your property can be handled in the correct way.