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Services

Areas of Practice
We have a highly capable team that specialises in various aspects of South African law.

Commercial Law

We provide comprehensive commercial law services, including drafting and reviewing contracts, advising on business transactions, and assisting companies with regulatory compliance and commercial dispute resolution.

Civil Law

We assist clients with a wide range of civil disputes, providing strategic legal advice and representation in negotiation, mediation, and court proceedings.

Company Law

We advise businesses on all aspects of company law, including company formation, corporate governance, shareholder agreements, compliance, and corporate restructuring.

Property Law

We provide legal services relating to property law, including property transactions, development matters, lease agreements, and the resolution of property-related disputes.

Additional Services

Family Law Insolvency Wills and Estates Personal Injury Claims Labour Law Trust Establishment and Administration Intellectual Property Customs and International Trade Debt Collection Correspondent Services

Frequently Asked Questions

Practical answers to common questions about working with FDP Law.

General Legal

When should I contact a lawyer? +

It is advisable to consult a lawyer as soon as a legal issue arises or before entering into any significant agreement. Early legal advice can help prevent disputes and protect your rights.

What happens during the first consultation with a lawyer? +

During the consultation, the attorney will review your matter, discuss the legal issues involved, and advise you on possible options and next steps.

What documents should I bring to my consultation? +

You should bring any documents relevant to your matter, such as contracts, correspondence, agreements, invoices, or court documents.

Do I need a lawyer if the matter seems simple? +

Even seemingly simple legal matters can have complex legal implications. Consulting an attorney can help ensure your rights are protected and avoid potential complications.

How do I know if I have a valid legal claim? +

An attorney can assess the facts of your matter, review any relevant documents, and advise whether you may have a valid claim or legal defence.

Legal Fees

How much does it cost to hire a lawyer? +

Legal fees vary depending on the complexity of the matter and the time required. Fees are generally charged at an hourly rate.

Do you charge for the first consultation? +

Like many law firms, FDP Law charges an initial consultation fee, which allows the attorney to assess your matter and provide preliminary legal advice.

Will I receive an estimate of legal costs? +

We can discuss the estimated expected costs and fee structure with clients at the beginning of a matter, but it is never possible to predict exactly what the costs of a matter will be.

Can legal costs be recovered from the other party? +

In some cases, courts may order the unsuccessful party to pay a portion of the successful party's legal costs, but this depends on the circumstances of the case.

Civil Litigation

What types of civil disputes do lawyers handle? +

Civil matters with which FDP Law commonly assists include contract disputes, property disputes, debt recovery, damages claims, and other private legal disputes.

How long does a civil case take? +

The duration of a civil case depends on its complexity and whether the matter is resolved through settlement or proceeds to trial. FDP Law prides itself on as quick a turnaround as possible, and our team strives to make these processes as efficient and painless as possible.

Do all disputes go to court? +

No. Many disputes are resolved through negotiation, mediation, or settlement discussions before reaching trial.

What happens if someone ignores a summons? +

If a summons is ignored, the court may grant a default judgment against the defendant. FDP Law can assist with all aspects relating to default judgments.

Commercial Law

What is commercial law? +

Commercial law is the set of rules that guide how businesses operate and interact with others. It governs business transactions, contracts, and the legal relationships between businesses and individuals involved in commercial activities. In simple terms, it helps ensure that buying, selling, and business dealings are fair, clear, and legally protected for everyone involved.

Why is it important to have contracts reviewed by a lawyer? +

Legal review helps ensure that contracts are enforceable, properly drafted, and aligned with your rights and commercial interests.

What types of commercial agreements require legal assistance? +

Examples include partnership agreements, shareholder agreements, supply agreements, service contracts, and joint venture agreements.

Can lawyers assist with business disputes? +

Yes. Commercial lawyers assist with resolving disputes between businesses, partners, suppliers, or clients.

How can businesses reduce legal risks? +

Businesses can reduce legal risks by ensuring contracts are properly drafted, complying with regulations, and seeking legal advice before entering into significant transactions.

Company Law

How do I register a company? +

Registering a company in South Africa involves submitting the necessary documentation to the Companies and Intellectual Property Commission (CIPC). This includes reserving a company name, appointing directors, and filing the required registration forms. An attorney can assist with the registration process and advise on matters such as shareholder agreements and corporate governance.

What does a company lawyer do? +

A company lawyer assists businesses with company formation, corporate governance, compliance, shareholder agreements, and corporate transactions.

What is corporate governance? +

Corporate governance refers to the rules, practices, and processes by which a company is directed and controlled.

When should a business consult a company lawyer? +

Businesses should seek legal advice when starting a company, drafting shareholder agreements, restructuring, or dealing with disputes.

What is a shareholder agreement? +

A shareholder agreement is a legal document that sets out the rights and responsibilities of shareholders and how a company will be run. It helps manage decision-making, share ownership, and what happens if someone leaves the business. Because it affects your control and financial interests, it is important to have it properly drafted. FDP Law can help ensure the agreement is clear, fair, and protects you from future disputes.

Can directors be held personally liable? +

Yes. In certain circumstances, directors can be held personally responsible for actions such as reckless trading or breaching their fiduciary duties. Because the risks can be significant, it is important to have the right legal guidance. FDP Law can assist in identifying and managing these risks, helping to protect directors and prevent issues before they arise, as well as advising where liability concerns already exist.

Property Law

Do I need legal assistance when buying or selling property? +

Yes. Property transactions involve complex legal requirements, and an attorney helps ensure the process is legally compliant and runs smoothly. FDP Law can help protect your interests by carefully reviewing or drafting the sale agreement, ensuring all terms are fair and clear, conducting the necessary checks on the property, and managing the transfer process. We also help identify and resolve potential risks early on, giving both buyers and sellers confidence and peace of mind throughout the transaction.

What is a property lease agreement? +

A lease agreement sets out the rights and obligations of landlords and tenants in relation to the use of property.

Can property disputes be resolved without court proceedings? +

Yes. Many property disputes can be resolved through negotiation or mediation before litigation becomes necessary. We recommend involving legal representation early to ensure your rights are protected and to improve the chances of reaching a fair, cost-effective resolution. FDP Law can assist by engaging with the other party, facilitating constructive discussions, and working towards resolving the dispute efficiently while avoiding the time and expense of court proceedings where possible.

Divorce

Do I need a lawyer to get divorced in South Africa? +

While it is legally possible to handle certain aspects of a divorce without legal representation, it is strongly recommended to consult an attorney to ensure that your rights, assets, and any arrangements relating to children are properly protected. FDP Law can guide you through the process, help you understand your options, and ensure that any agreements reached are fair, legally sound, and in your best interests.

How much does a divorce cost in South Africa? +

The cost of a divorce depends on whether the matter is contested or uncontested, as well as the complexity of the issues involved. An uncontested divorce is generally less expensive than a contested divorce.

What happens if my spouse refuses to sign the divorce papers? +

A divorce can still proceed even if one spouse refuses to cooperate. The court may grant a divorce if it is satisfied that the marriage has irretrievably broken down.

Can I get divorced without going to court? +

Even in an uncontested divorce, the matter must still be finalised through the court. However, if the parties agree on all terms, the court process is usually quicker and simpler.

What is a parenting plan? +

A parenting plan is a written agreement between parents that sets out arrangements regarding the care, contact, and upbringing of their children following separation or divorce.

Who gets custody of the children in a divorce? +

South African law focuses on the best interests of the child. Courts may order various care and contact arrangements depending on what is most beneficial for the child.

Can I claim maintenance from my spouse after divorce? +

In certain circumstances, a spouse may claim spousal maintenance after divorce depending on factors such as financial need, earning capacity, and the duration of the marriage.

What happens to debt during a divorce? +

Responsibility for debt during a divorce depends on your marital property regime and the circumstances in which the debt was incurred. In some cases, both spouses may be jointly responsible, while in others, each party may remain liable for their own debts. Because debt can significantly impact your financial position after divorce, it is important to understand your rights and obligations. FDP Law can assess your specific situation, advise on how debts should be dealt with, and help ensure that any settlement is fair, practical, and legally sound.

What is an uncontested divorce and why is it faster? +

An uncontested divorce occurs when both parties agree on all aspects of the divorce, including asset division and arrangements for children. Because there are no disputes, the process can be finalised more efficiently.

Can divorce agreements be changed later? +

Certain aspects of divorce orders, particularly those relating to children or maintenance, may be varied if circumstances change.

Deceased Estates

What is a deceased estate? +

A deceased estate is everything a person leaves behind when they pass away, including their money, property, and belongings, as well as any debts they may owe. The estate must then be managed and distributed either according to the person's will or, if there is no will, in terms of the law. FDP Law can guide you through this process, helping ensure the estate is handled correctly, efficiently, and with as little stress as possible.

What must be done when a person passes away? +

When a person passes away, their estate must be reported to the Master of the High Court in the jurisdiction where they lived. The Master will then appoint an executor who is responsible for handling the administration of the estate.

Who is responsible for handling a deceased estate? +

The executor named in the will, or appointed by the Master of the High Court, is responsible for administering the estate. The executor's duties include identifying assets and liabilities, settling debts, and distributing the remaining assets to the beneficiaries.

How long does it take to finalise a deceased estate? +

The time required to finalise a deceased estate depends on factors such as the complexity of the estate, the number of assets involved, and whether any disputes arise. In many cases, the process can take several months or longer. If a matter becomes complex or drawn out, FDP Law can assist by guiding the administration process, addressing any issues that arise, and helping to ensure the estate is finalised as efficiently and smoothly as possible.

What happens if someone dies without a will? +

If a person dies without a valid will, their estate will be distributed according to the Intestate Succession Act. This law determines how the estate is divided among the deceased's surviving spouse, children, and other relatives.

Trusts

What is a trust? +

A trust is a legal arrangement in which assets are transferred to and managed by trustees for the benefit of designated beneficiaries. Trusts are commonly used for estate planning, asset protection, and managing wealth for future generations.

Why would someone set up a trust? +

Trusts are often established to protect assets, manage wealth for beneficiaries, provide for children, or assist with estate planning. A properly structured trust can help ensure that assets are managed and distributed according to the founder's wishes.

Who can be a trustee? +

A trustee can be a person, a professional advisor such as an attorney or accountant, or a company. They are responsible for looking after the trust's assets and managing them properly for the benefit of the people the trust is set up to support.

What are the duties of trustees? +

Trustees are responsible for administering the trust in accordance with the trust deed and applicable laws. Their duties typically include managing trust assets, keeping proper records, acting in good faith, and ensuring that beneficiaries' interests are protected.

Can a trust be amended or terminated? +

In many cases, a trust may be amended or terminated depending on the provisions of the trust deed and the applicable legal requirements. Legal advice is often recommended before making any changes to an existing trust.

Contact And Process

How do I schedule a consultation? +

You can schedule a consultation by contacting the firm via phone, email, or the website contact form.

How quickly can I speak to an attorney? +

We aim to respond to enquiries promptly and schedule consultations as soon as possible.

Is my consultation confidential? +

Yes. Communications between attorneys and clients are confidential and protected by legal privilege.

Do you assist both individuals and businesses? +

Yes. We assist both private individuals and businesses across various legal matters.

What happens after the first consultation? +

If you choose to proceed after your first consultation with FDP Law, we will advise you on the next steps. This may include preparing the necessary documents, engaging with the other party, or initiating legal proceedings where required. We will guide you throughout the process, keep you informed, and work towards a practical, effective outcome tailored to your needs.