South African law, explained simply
Short, clear guides to the legal questions our clients ask most. Everything here explains South African law in plain language, so you can understand your options before you decide what to do.
Marriage & Matrimonial Property
Getting married in South Africa means choosing a matrimonial property system that governs how your assets and debts are treated during the marriage and if it ends. These guides explain the three regimes under the Matrimonial Property Act 88 of 1984 — in community of property, out of community with accrual, and without accrual — how an antenuptial contract is signed and registered, and how a couple can change their regime after the wedding. They are written as general information to help you understand the options before speaking to an attorney.
Antenuptial Contracts Explained
What an antenuptial contract is, the three ways you can be married in South Africa, and how an ANC is signed and registered.
Married Without an Antenuptial Contract — What Now?
What being married in community of property really means, and how you can change your marriage regime after the wedding.
The Accrual System Explained: With or Without Accrual
How the accrual system shares the growth built up during a marriage, what is excluded, and when each option may suit you.
Changing Your Marriage Contract After You Are Married
How spouses can change their matrimonial property system after the wedding through a section 21 High Court application.
Living Together: Why You Need a Cohabitation Agreement
Why South African law has no common law marriage, and how a cohabitation or life partnership agreement protects couples who live together.
Criminal Law
Being investigated, arrested, or charged is one of the most stressful events a person can face. These guides explain your constitutional rights, how bail works, when the state can search your home or devices, and what happens from first appearance through to sentencing — all in plain language and with reference to the Criminal Procedure Act 51 of 1977. Read them to understand the process, then speak to an attorney about your specific situation.
Arrested in South Africa: Your Rights and the Bail Process
Your rights if you are arrested, what happens next, and how police, prosecutor and court bail work in South Africa.
Schedule 5 and 6 Offences: When Bail Is Harder to Get
What Schedule 5 and 6 offences are, how they shift the burden of proof in bail applications, and why early legal representation is essential.
Your First Court Appearance in South Africa: What to Expect
What to expect at the first court appearance after arrest, from bail hearings to remands and plea procedures in South African criminal law.
How a Criminal Trial Works in South Africa
The full criminal trial process in South Africa, from charge and plea to evidence, cross-examination, verdict, and sentencing.
Domestic Violence Criminal Charges in South Africa
How domestic violence complaints result in protection orders and criminal charges in South Africa, and what the process means for both complainants and accused persons.
Understanding Criminal Charges in South Africa
What a criminal charge is, the main categories of offences in South African law, and how the charge process works from arrest to court.
Criminal Defence in Gauteng: Courts, Rights and What to Do
What to do if you are arrested or charged in Gauteng, which courts handle criminal matters, and how to get the right legal help fast.
Criminal Defence in the Western Cape: Courts, Rights and What to Do
What to do if you are arrested or charged in the Western Cape, which courts handle criminal matters, and how to get proper legal help.
Criminal Defence in KwaZulu-Natal: Courts, Rights and What to Do
What to do if you are arrested or charged in KwaZulu-Natal, which courts handle criminal matters in the province, and how to get proper legal help.
Wills & Estates
A valid will is the clearest way to ensure your assets reach the people you choose when you die, and to name someone you trust to wind up your estate. These guides explain what the Wills Act 7 of 1953 requires for a will to be valid, what happens if you die intestate under the Intestate Succession Act 81 of 1987, and how a deceased estate is administered under the Administration of Estates Act 66 of 1965. They are general information only — your own circumstances may require tailored advice from an attorney.
Do You Need a Will? South African Wills Explained
What a valid will requires under South African law, what happens without one, and why a will protects the people you care about.
Winding Up a Deceased Estate in South Africa
What happens to a person's estate after they die, the executor's role, and the main steps of administering an estate under South African law.
Divorce & Family Law
Divorce ends a marriage and settles the practical questions that come with it: how assets are divided, whether maintenance is owed, and who has care of the children. These guides explain the grounds for divorce and the difference between contested and uncontested proceedings under the Divorce Act 70 of 1979, and how the Children's Act 38 of 2005 protects children's interests throughout the process. They are written as general information; your situation may differ, so speak to a family law attorney about your own case.
Divorce in South Africa: Contested and Uncontested
The grounds for divorce, the difference between contested and uncontested divorce, and how property, maintenance and children are dealt with.
Maintenance, Care and Contact for Children
How maintenance, care and contact for children work after separation, and how the child's best interests guide every decision.
Property & Conveyancing
Buying or selling property in South Africa involves a formal legal process called conveyancing, through which ownership is transferred and registered at the Deeds Office under the Deeds Registries Act 47 of 1937. These guides explain the conveyancer's role, how transfer duty is calculated under the Transfer Duty Act 40 of 1949, and what to expect at each step of a property transfer. They are general information; an attorney can advise on the specifics of your transaction.
Business & Companies
Registering a company gives your business its own legal identity, separate from its owners, and is done through the Companies and Intellectual Property Commission under the Companies Act 71 of 2008. These guides explain how a private company works, how to register it, and what to put in place afterwards — from tax registration to shareholder agreements. They are written as general information; speak to an attorney for guidance tailored to your business and circumstances.
Litigation & Disputes
When a dispute cannot be resolved by agreement, it may end up in court — a process called civil litigation, heard in either the Magistrates' Courts or the High Court depending on the nature and value of the claim. These guides explain how a case moves from letter of demand through to trial, why time limits matter under the Prescription Act 68 of 1969, and how settlement can reduce cost and delay. They are general information only; an attorney can assess the merits of your specific dispute.
Notarial Services
Some documents carry special legal weight and must be signed before a notary public — an attorney with an extra qualification — to be valid or accepted. These guides explain what a notary public does in South Africa, which documents require notarial attestation (such as antenuptial contracts), and when authentication or an apostille is needed for use abroad. They are written as general information to help you understand when a notary is required before you book an appointment.
Have a question about your situation?
These guides explain the law in general. For advice on your own circumstances, book a consultation or send us a message and we will help.