Question 1

How do I know which area of law applies to my situation?

Accepted Answer

If you are unsure, the best first step is to book a consultation with one of our attorneys. We will listen to your circumstances, identify the relevant area of law, and advise you on the best course of action — without any obligation to proceed.

Question 2

How much does it cost to consult with VDH Attorneys?

Accepted Answer

Consultation fees vary depending on the nature and complexity of your matter. We believe in full transparency, so we will always discuss our fees with you upfront before any work commences.

Question 3

Do I need an antenuptial contract before I get married?

Accepted Answer

An antenuptial contract (ANC) must be signed and notarised before your marriage takes place. Without one, you will automatically be married in community of property. An ANC allows you to marry out of community of property, with or without the accrual system.

Question 4

What is the difference between a contested and uncontested divorce?

Accepted Answer

An uncontested divorce is one where both parties agree on all terms. A contested divorce arises when the parties cannot reach agreement and the matter must be decided by the court.

Question 5

How long does a divorce take in South Africa?

Accepted Answer

An uncontested divorce can be finalised in as little as four to eight weeks. A contested divorce can take one to three years depending on the complexity of the issues in dispute.

Question 6

Can I get a divorce if my spouse does not agree?

Accepted Answer

Yes. In South Africa, you do not need your spouse's consent to divorce. The only requirement is that the marriage has broken down irretrievably.

Question 7

What grounds are needed for an eviction in South Africa?

Accepted Answer

Under the PIE Act, valid grounds include non-payment of rent, breach of the lease agreement, or expiry of the lease. A court order is always required — self-help evictions are unlawful.

Question 8

How long does an eviction process take?

Accepted Answer

An uncontested eviction typically takes between six and twelve weeks from the date of the initial notice, depending on the court roll and whether the occupant opposes the application.

Question 9

How do I apply for maintenance in South Africa?

Accepted Answer

Maintenance applications are brought in the Maintenance Court at your nearest Magistrate's Court. Our attorneys can assist you in preparing and presenting your maintenance application.

Question 10

What happens if someone does not pay court-ordered maintenance?

Accepted Answer

Failure to pay court-ordered maintenance is a criminal offence under the Maintenance Act 99 of 1998. The defaulting party can face salary attachment or imprisonment.

Question 11

What types of maintenance exist in South Africa?

Accepted Answer

South African law recognises child maintenance, spousal maintenance, interim maintenance (pendente lite), and rehabilitative maintenance. The amount is determined by the reasonable needs of the claimant and the ability of the other party to pay.

Question 12

Can maintenance be changed after a court order has been granted?

Accepted Answer

Yes. A maintenance order can be varied or rescinded if there is a material change in circumstances, such as job loss or a significant change in the recipient's financial situation.

Question 13

Does maintenance only apply to children born in wedlock?

Accepted Answer

No. Under the Children's Act 38 of 2005, both biological parents — whether married or unmarried — are obliged to contribute to the financial support of their child according to their means.

Question 14

How do I get a protection order against someone who is abusing me?

Accepted Answer

You can apply for a protection order at your nearest Magistrate's Court under the Domestic Violence Act 116 of 1998. An interim protection order can be granted on the same day in urgent circumstances.

Question 15

What is the difference between a protection order and an interdict?

Accepted Answer

A protection order applies specifically to domestic relationships under the Domestic Violence Act. An interdict is a broader court order that can be obtained in a wider range of circumstances including workplace harassment.

Question 16

What is conveyancing and do I need an attorney for a property transfer?

Accepted Answer

Conveyancing is the legal process of transferring ownership of immovable property. In South Africa, only a qualified conveyancer may attend to the registration of a property transfer at the Deeds Office.

Question 17

What can I do if my landlord refuses to return my deposit?

Accepted Answer

Under the Rental Housing Act, a landlord must return your deposit within seven days if there is no damage, or within fourteen days after the cost of repairs has been determined.

Question 18

What is an unfair dismissal and can I challenge it?

Accepted Answer

An unfair dismissal occurs when an employee is dismissed without a fair reason or without following a fair procedure under the Labour Relations Act 66 of 1995. You must refer the dispute to the CCMA within 30 days.

Question 19

What should an employer do before dismissing an employee?

Accepted Answer

Before dismissing an employee, an employer must follow a fair procedure including a formal disciplinary hearing where the employee is given the opportunity to state their case.

Question 20

How long does it take to administer a deceased estate?

Accepted Answer

The administration of a deceased estate in South Africa typically takes between six months and two years, depending on the size and complexity of the estate.

Question 21

Can VDH Attorneys assist with urgent legal matters?

Accepted Answer

Yes. We are able to assist with urgent applications, including urgent interdicts, protection orders, and bail applications. Contact us immediately on 077 279 8777 (Grassy Park) or 074 858 6152 (Bellville).

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