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Everyday legal problems rarely arrive with a manual. This resource answers the questions South Africans most often ask about divorce, criminal charges, unfair dismissal, evictions, debt, deceased estates, road accident claims and the cost of legal help. The answers below are general information about South African law and are not a substitute for advice on your specific facts. Where a matter affects your rights, your money or your freedom, speak to a qualified attorney before you act.
Divorce & Family Law
How long does a divorce take in South Africa?
An uncontested divorce, where both spouses agree on all terms, can be finalised in roughly six to ten weeks once the summons is issued and the settlement agreement is signed. A contested divorce, where the parties disagree about children, maintenance or the division of assets, can take one to three years depending on the court roll and the issues in dispute. Speak to divorce attorneys in Johannesburg to understand the likely timeline for your matter.
What is the difference between contested and uncontested divorce?
In an uncontested divorce both spouses reach agreement and record it in a written settlement, so only one court appearance is usually needed. A contested divorce means the spouses cannot agree on one or more issues, so the court must decide after pleadings, discovery and often a trial. Contested matters cost significantly more and take far longer.
What is an antenuptial contract and do I need one?
An antenuptial contract (ANC) is a contract signed before marriage that excludes the default in-community-of-property regime, keeping each spouse’s estate separate. You can enter into it with or without the accrual system, which shares the growth built up during the marriage. If you marry without an ANC you are automatically married in community of property, sharing one joint estate and its debts. See our antenuptial contract attorneys for help registering an ANC before the wedding.
How is child maintenance calculated?
Maintenance is based on the reasonable needs of the child weighed against the means of both parents, who share the duty of support in proportion to their income. The Maintenance Court can order payments, garnish a salary and enforce arrears. Both parents must disclose their income and expenses honestly. Our family law team assists with maintenance applications and enforcement.
Who gets custody of the children after divorce?
South African law speaks of care and contact rather than “custody”, and the guiding principle is always the best interests of the child. Both parents usually retain guardianship, while primary residence is decided by agreement, by a family advocate’s recommendation or by the court. Courts favour arrangements that keep both parents meaningfully involved.
Criminal Law & Bail
How much does bail cost?
There is no fixed bail amount; the court sets a figure based on the seriousness of the offence, the risk of flight and the accused’s financial means. It can range from a few hundred rand at a police station for a minor offence to tens of thousands of rand for serious charges. Bail money is a deposit and is refunded when the case concludes, provided the accused attends every court date. A bail application attorney can argue for release on the lowest reasonable terms.
Can I get police bail before going to court?
For less serious offences listed in the schedules, the police or a prosecutor may grant bail at the station before the first court appearance, which avoids a night in the cells. For serious or scheduled offences, only a court can grant bail, and in the most serious cases the accused must show exceptional circumstances. Acting fast with legal help improves the chances of an early release.
What happens at a first court appearance?
At the first appearance the charge is put to the accused, the question of bail is considered and the matter is usually postponed for further investigation or for legal representation. You are not expected to plead guilty or not guilty on the first day. It is wise to have a criminal law attorney present from the outset to protect your rights.
Can I get a criminal record expunged?
Certain records can be expunged after ten years have passed since the conviction, provided you have not reoffended and the sentence fell within the qualifying categories. Minor convictions and offences committed as a child under apartheid-era or discriminatory laws may qualify sooner. You apply through the Criminal Record Centre with a certified set of fingerprints.
Labour Law & the CCMA
What is unfair dismissal and how do I refer it to the CCMA?
A dismissal is unfair if there was no fair reason (misconduct, incapacity or operational requirements) or no fair procedure was followed before you were let go. You must refer the dispute to the CCMA within 30 days of the dismissal by completing a referral form (LRA 7.11) and serving it on your employer. The CCMA first attempts conciliation and, if that fails, holds an arbitration. Our unfair dismissal attorneys can prepare and run your referral.
How much can I be awarded for unfair dismissal?
Compensation for an ordinary unfair dismissal is capped at 12 months’ remuneration, while an automatically unfair dismissal (for example on grounds of pregnancy or union membership) can attract up to 24 months. The commissioner may instead order reinstatement or re-employment. The exact award depends on the fairness of the conduct and the loss suffered.
Do I get paid if I am retrenched?
Yes. On retrenchment for operational requirements you are entitled to at least one week’s severance pay for each completed year of service, plus notice pay, outstanding leave and any pro-rata bonus owed. A fair retrenchment also requires genuine consultation before the decision is finalised, as set out in the Labour Relations Act. Our labour law team reviews retrenchment packages for fairness.
Can my employer change my contract without my consent?
An employer cannot unilaterally change agreed terms and conditions such as pay, hours or duties without your consent; doing so may amount to a breach or a constructive dismissal. Changes must be negotiated, and forcing them through can be challenged at the CCMA or the Labour Court. Keep written records of any proposed changes.
Property, Rentals & Evictions
Can I be evicted without a court order?
No. It is unlawful for any landlord to evict a tenant by changing the locks, removing possessions or cutting services; a valid court order under the PIE Act is required first. The court will only grant eviction after proper notice and after considering whether the eviction is just and equitable. Speak to eviction attorneys whether you are a landlord seeking lawful eviction or a tenant facing one.
How long does the eviction process take?
A lawful eviction under the PIE Act typically takes two to four months, and longer if the occupier opposes it or if the property is someone’s only home. The court must give notice to the occupier and the municipality and weigh the personal circumstances of everyone affected. Rushing or skipping steps makes the eviction invalid.
What are my rights as a tenant if my deposit is not returned?
Under the Rental Housing Act your deposit must be invested and returned within seven to 14 days after you move out, less any documented, reasonable deductions for damage. The landlord must give you receipts and an inspection report; keeping the deposit without proof is not allowed. You can lodge a free complaint with the Rental Housing Tribunal in your province.
Debt & Money
How does debt review differ from sequestration?
Debt review (debt counselling) restructures your repayments over a longer period so you keep your assets and steadily clear what you owe, and it applies while you are over-indebted but not insolvent. Sequestration is a court process that declares you insolvent, sells your assets to pay creditors and can write off the balance, but it carries far heavier consequences. Our sequestration and insolvency attorneys can advise which route fits your situation, and our debt collection attorneys assist creditors on the other side.
Can a creditor take my house or car?
A creditor cannot simply seize property; it must obtain a court judgment and then a warrant of execution before the sheriff can attach and sell assets. Secured assets such as a bonded house or a financed car can be repossessed if you fall into arrears on that specific agreement. Acting early, before judgment, gives you the most options to negotiate.
What is prescription of debt?
Most ordinary debts prescribe (become unenforceable) after three years if the creditor has not obtained judgment and you have not acknowledged the debt or made a payment in that period. Home loans, judgment debts and tax debts prescribe only after 30 years. If a debt has prescribed, a collector may not lawfully sue you for it.
Wills & Deceased Estates
What happens if I die without a will in South Africa?
If you die without a valid will you die “intestate”, and your estate is divided according to the fixed formula in the Intestate Succession Act rather than by your wishes. A spouse and children inherit first in set shares, and if there are none the estate passes to parents and other relatives. Drafting a will avoids delays and disputes; see our wills, estates and trusts service.
How do I wind up a deceased estate?
The estate must be reported to the Master of the High Court within 14 days of death, after which an executor is appointed to collect assets, pay debts and distribute the balance to the heirs. Estates worth more than R250,000 require a formal executor and a liquidation and distribution account. The process commonly takes six to 18 months.
Can a will be contested?
Yes. A will can be challenged if the deceased lacked mental capacity, was unduly influenced or coerced, or if the document was not signed and witnessed correctly. The court examines the surrounding circumstances and the formalities required by the Wills Act. Contesting a will is technical, so early legal advice is essential.
Road Accident Fund & Personal Injury
How do I claim from the Road Accident Fund?
If you were injured in a road accident caused by another driver’s negligence, you can claim compensation from the Road Accident Fund for medical costs, loss of income and general damages. You must lodge the claim with the correct forms, medical reports and an accident report, generally within three years of the accident (two years for a hit-and-run). The process is document-heavy, so our Road Accident Fund claims team handles it end to end.
How long does an RAF claim take to pay out?
RAF claims commonly take two to five years to resolve because of the medical assessments, the calculation of future loss and the Fund’s backlog. Serious-injury claims that require expert reports take longer than straightforward medical-expense claims. An attorney keeps the claim moving and prevents it from prescribing.
Can I still claim if the accident was partly my fault?
Yes. South Africa applies apportionment of damages, so you can still recover a reduced amount even if you were partly to blame, in proportion to the other driver’s share of fault. For example, if you were 30% responsible you may recover 70% of your proven damages. The exact split is negotiated or decided by the court.
Legal Costs & Process
How much do attorneys charge?
Attorneys charge in several ways: an hourly rate, a fixed fee for defined work such as an ANC or a simple will, or a percentage-based contingency fee on certain damages claims. Rates vary with the complexity of the matter and the seniority of the attorney, and a written mandate should set out the basis upfront. Always ask for an estimate and a fee agreement before instructing.
What is a contingency fee agreement?
A contingency (“no win, no fee”) agreement means the attorney is paid only if the claim succeeds, taking an agreed percentage of the award, capped by the Contingency Fees Act. It is common in personal injury and RAF matters where the claimant cannot fund the case upfront. The agreement must be in writing and comply with the statutory limits.
Do I always need to go to court to resolve a dispute?
No. Many disputes are settled through negotiation, mediation or a demand letter without ever reaching trial, which saves time and cost. Some forums, such as the CCMA or the Small Claims Court, are designed to resolve matters cheaply and quickly. A good attorney will tell you honestly when settlement beats litigation.
Still Have Questions?
Every case turns on its own facts, and the answers above are a starting point, not tailored legal advice. If you are facing a divorce, a criminal charge, a dismissal, an eviction, a debt problem, a deceased estate or a road accident claim, speak to a qualified attorney who can review your documents and explain your options. Contact Onah Attorneys Inc in Randburg, Johannesburg to book a consultation and get clear, practical guidance on your matter.