Trusted South African Attorneys
Johannesburg & Cape Town

Yes. In South Africa, the transfer of immovable property must be registered in the Deeds Office by a qualified conveyancing attorney. This is a legal requirement — neither a buyer nor seller can complete the transaction without one. Our conveyancing team handles transfers, bond registrations, and related cost calculations on behalf of both individuals and institutions, ensuring every step complies with the Deeds Registries Act.

A straightforward property transfer typically takes between 8 and 12 weeks from the date the sale agreement is signed, provided all documents are in order, transfer duty is paid, and there are no outstanding rates or levies. Complex transactions, bond applications, or delays at the Deeds Office can extend this timeline. We keep all parties informed throughout the process to avoid unnecessary delays.

An uncontested divorce — where both parties agree on all terms — can be finalised in as little as 4 to 8 weeks. A contested divorce, where matters such as asset division, maintenance, or custody are disputed, can take anywhere from 1 to 3 years depending on the complexity of the issues and court roll delays. Early mediation or settlement negotiations often reduce this significantly. Our divorce attorneys assess your specific circumstances and advise the most efficient path forward under the Divorce Act.

In South Africa, custody and maintenance decisions are governed by the Children's Act 38 of 2005. The court's primary consideration is always the best interests of the child. Both parents retain parental responsibilities and rights unless a court orders otherwise. Maintenance is calculated based on each parent's income, the child's reasonable needs, and the existing standard of living. We assist clients in drafting formal parenting plans and, where necessary, representing them in contested custody proceedings.

When a person dies without a valid will (intestate), their estate is distributed according to the Intestate Succession Act 81 of 1987. The Act prescribes a fixed formula: the surviving spouse and children share the estate in defined proportions; if there are no direct descendants, the estate passes to parents and then siblings. This means the deceased has no control over who inherits, and the process often takes longer than a testate estate. Having a valid, professionally drafted will is strongly advisable to protect your loved ones and avoid unnecessary disputes.

A living will — also called an advance directive or advance healthcare directive — is a document that records your wishes regarding end-of-life medical treatment, particularly whether you consent to or refuse life-sustaining treatment should you become incapacitated. South Africa does not yet have dedicated legislation governing living wills, but courts have upheld their moral and ethical weight in medical decisions, and healthcare practitioners are obliged to consider them under the National Health Act. We assist clients in drafting clear, comprehensive living wills to ensure their intentions are properly documented and respected.

An antenuptial contract (ANC) is a legal agreement signed before marriage that determines your matrimonial property regime — how assets and debts are handled during the marriage and upon dissolution. Without an ANC, South African law automatically applies the default regime of in community of property, meaning all assets and liabilities are shared equally. An ANC allows you to be married out of community of property, either with or without the accrual system. It must be signed before a notary and registered in the Deeds Office before the wedding date. Our attorneys guide couples through the options and consequences of each regime so you can make an informed decision.

South Africa does not automatically grant legal rights to partners who live together without being married. Unlike a marriage, a cohabitation relationship (life partnership) carries no statutory property or maintenance rights upon separation. However, a well-drafted cohabitation agreement — also called a domestic partnership or life partnership agreement — is a valid contract enforceable by our courts. It can define how shared property, expenses, and assets will be treated. We strongly advise unmarried couples to formalise these arrangements to avoid costly disputes in the event of separation or death.

A notarial bond is a registered security instrument that creates a real right over movable property — such as equipment, stock, or business assets — in favour of a creditor. It must be passed before a notary public and registered in the Deeds Office to be enforceable against third parties. A general notarial bond covers all movable assets of the debtor, while a special notarial bond attaches to specifically identified items. These instruments are frequently used in commercial lending and financing arrangements. Our notaries assist with drafting, executing, and registering notarial bonds in accordance with the Security by Means of Movable Property Act.

An apostille is an internationally recognised authentication certificate issued under the Hague Convention, confirming that a public document (such as a birth certificate, degree certificate, or power of attorney) is genuine and was signed by an authorised official. It is required when presenting South African documents in another Hague Convention country — for example, when applying for foreign visas, emigrating, or conducting cross-border business. Our notaries assist with the notarisation of documents and can guide you through the High Court apostille process administered by the Department of Justice.