Frequently Asked Questions.
How much does a divorce cost in South Africa?
The cost of a divorce depends on whether the matter is contested or uncontested. An uncontested divorce is generally more affordable because both parties agree on the terms of the divorce. A contested divorce can be significantly more expensive due to court appearances, negotiations, and legal disputes. During your consultation, we can provide an estimate based on the complexity of your matter.
How long does a divorce take to finalise?
An uncontested divorce can often be finalised within a few weeks or months, depending on court availability. A contested divorce may take considerably longer if disputes regarding children, maintenance, or assets need to be resolved. Each matter is unique and timelines vary depending on the circumstances.
Can I get divorced if my spouse refuses to sign the papers?
Yes. A spouse cannot prevent a divorce simply by refusing to cooperate. If your spouse refuses to sign or participate, you may still proceed with a contested divorce through the courts, where a judge will ultimately decide the matter.
What is the difference between a contested and uncontested divorce?
An uncontested divorce occurs when both spouses agree on all aspects of the divorce, including maintenance, children, and the division of assets. A contested divorce occurs when there is a disagreement on one or more issues, requiring negotiation, mediation, or court intervention.
How is child custody decided by the court?
South African courts always place the best interests of the child first. Factors such as the child’s safety, emotional well-being, relationship with each parent, and overall stability are considered when determining care, contact, and guardianship arrangements.
Can a parenting plan be changed after it has been approved?
Yes. Parenting plans can be amended if circumstances change and the amendment is in the child’s best interests. The parties may agree to changes, or the court may be approached if an agreement cannot be reached.
How is child maintenance calculated in South Africa?
There is no fixed formula for calculating child maintenance. The court considers the reasonable needs of the child and the financial means of both parents. Both parents have a legal duty to support their children according to their respective financial abilities.
Can I claim spousal maintenance after a divorce?
Possibly. Spousal maintenance is not automatic in South Africa. The court considers factors such as the financial needs of one spouse, the ability of the other spouse to pay, the duration of the marriage, and the parties’ respective earning capacities before making a decision.
How do I apply for a protection order?
You can apply for a protection order at your nearest Magistrate’s Court. The application is made by submitting an affidavit detailing the abuse, harassment, or threats experienced. The court may issue an interim protection order pending a final hearing.
What evidence do I need to obtain a protection order?
Evidence may include photographs, medical reports, police case numbers, witness statements, text messages, emails, call records, or any other information that supports your allegations of abuse, harassment, intimidation, or threats.
How long does a protection order remain valid?
A final protection order generally remains valid indefinitely unless it is varied, withdrawn, or set aside by a court.
Why should I choose Yolanda Akram & Company?
Yolanda Akram & Company is committed to providing professional, ethical, and client-focused legal services. We take the time to understand each client’s unique circumstances and provide practical legal solutions tailored to their needs.
What areas of law do you specialise in?
Our firm provides legal services in Divorce and Family Law, Protection Orders, Labour Law, Immigration Law, Criminal Law, Civil Litigation, Debt Collection, and Legal Document Drafting.
Do I need an appointment to see a lawyer?
Appointments are recommended to ensure dedicated time is allocated to your matter. However, urgent matters may be accommodated where possible.
Do you offer payment plans?
Payment arrangements may be considered depending on the nature of the matter. Please discuss your circumstances with our office.
How will I know if I have a strong case?
Every matter is different. During your consultation, we will assess the facts, available evidence, and applicable law before advising you on the strengths and potential challenges of your case.
What happens if someone violates a protection order?
Breaching a protection order is a criminal offence. The police may arrest the offender, and criminal charges may be instituted. If your protection order is violated, it is important to report the breach immediately.
What should I do if I have been unfairly dismissed?
You should seek legal advice as soon as possible. In many cases, disputes regarding unfair dismissal can be referred to the CCMA for conciliation and arbitration. Strict time limits apply, so it is important to act promptly.
How do I refer a dispute to the CCMA?
A dispute is generally referred by completing the prescribed CCMA referral forms and submitting them within the applicable time period. Depending on the matter, the CCMA may attempt conciliation before proceeding to arbitration.
Can an employer dismiss me without a disciplinary hearing?
In most cases, employees should be afforded procedural fairness before dismissal, including an opportunity to respond to allegations against them. Exceptions may exist in certain circumstances, but employers are generally required to follow fair labour procedures.
How does a bail application work in South Africa?
A bail application allows an accused person to request temporary release from custody while awaiting trial. The court considers factors such as the seriousness of the offence, the interests of justice, and whether the accused is likely to appear in court.
Can criminal charges be withdrawn after a case has been opened?
In some instances, charges may be withdrawn. However, once a criminal matter is before the state, the decision to proceed or withdraw often rests with the National Prosecuting Authority and not solely with the complainant.
What is the difference between an asylum seeker and a refugee?
An asylum seeker is a person who has applied for protection in South Africa and whose application has not yet been finalised. A refugee is a person whose application has been approved and who has been granted refugee status under South African law.
How long does an immigration or refugee application take to process?
Processing times vary depending on the type of application, the documentation provided, and the workload of the relevant government department. Some applications may take several months or longer to be finalised.
How do I book a consultation?
You can book a consultation by calling our office, sending us an email, or completing the contact form on our website.
Do you offer online consultations?
Yes. We can assist clients through telephone, video, and online consultations where appropriate.
What should I bring to my first consultation?
You should bring your identification document and any documents relevant to your matter, including contracts, court documents, correspondence, or evidence that may assist us in understanding your case.
Will my consultation be confidential?
Absolutely. All consultations and communications with our firm are treated with strict confidentiality in accordance with legal and ethical obligations.
How much does a consultation cost?
Consultation fees vary depending on the nature and complexity of the matter. Please contact our office for current consultation rates.
How long will my legal matter take to resolve?
The duration of a matter depends on its complexity, the cooperation of all parties involved, and court or government processing times. We will provide realistic expectations based on your specific circumstances.
Can you assist clients outside Durban?
Yes. We assist clients across South Africa and overseas and can often provide services remotely depending on the nature of the matter.
Do you assist with urgent legal matters?
Yes. We understand that some legal situations require immediate attention and will prioritize urgent matters where possible.
Can you help if I have already started a case with another lawyer?
Yes. We can review your matter and advise on the process of transferring your file, subject to the relevant legal requirements.
Qualified Legal Attorneys
Our experienced legal team is committed to providing practical, results-driven legal solutions tailored to your unique circumstances. We combine legal expertise with a client-focused approach to ensure every matter receives the attention and dedication it deserves.
Over 16 Years of Experience
With more than 16 years of legal experience, we have successfully assisted individuals, families, and businesses across a wide range of legal matters. Our knowledge, professionalism, and commitment to excellence allow us to deliver trusted legal guidance and effective representation.
Trusted Legal Representation
We are dedicated to protecting our clients' rights through ethical, transparent, and compassionate legal services. From consultation to resolution, we strive to achieve the best possible outcome while keeping you informed every step of the way.
