Some of your Questions:

Q. Why choose us as your go-to legal partner?

Experience: Our team of highly skilled attorneys brings over 15 years of combined legal expertise to the table. You can trust us to handle even the most complex cases with finesse and precision.

Personalised Approach: We understand that every client's situation is unique. At Günther Moodley, we take the time to listen to your needs, understand your concerns, and tailor our strategies accordingly.

Comprehensive Services: From conveyancing and litigation to family law and estate planning, we cover a wide range of legal areas. Whatever your requirements, we've got you covered.

Client Satisfaction: Your satisfaction is our top priority. We are committed to providing prompt, efficient, and effective solutions that yield positive outcomes for our clients.

Q. Thinking of immigrating but your ex won't consent to your child immigrating with you?

Immigrating with a minor can be tricky especially if your ex is concerned about the impact on their parental rights and how adequate contact (visitation) will be exercised. 

There is no one size fits all in circumstances like this and a possible High Court application may need to be brought in order to immigrate with your child. 

Q. Don't underestimate the importance of a proper Lease Agreement!

Here’s a few reasons why a proper Lease Agreement is crucial for both Landlords and Tenants: 

A well-drafted lease should spell out the rights and responsibilities of both the Landlord and Tenant.  

Your lease should set out the rental amount and payment terms so there are no surprises.  

It must outline who is responsible for what when it comes to property maintenance and repairs. 

The lease must explain the terms and conditions of the deposit, including how and when it can be used and when it should be refunded. 

It must explain privacy rights, inspections of the property, and how conflicts are to be dealt with. 

Q. Let's break the silence on Gender Based Violence!

Protection orders, more commonly known as Restraining orders, can be a powerful tool in ensuring safety and protection for victims of GBV.  

They offer legal protection against abuse, harassment, and violence, empowering survivors to take control of their lives.  

Contact your local police station or Domestic Violence Court to get the help you need.  

Q. Are you tying the knot? Understanding the legal implications of your marriage is essential!

In Community of Property: When you say "I do" under this regime, you're essentially merging assets and liabilities with your partner. It's all about sharing, but debts will become shared too. This is the default regime in South Africa, so beware before you take the leap!  

Out of Community of Property: If you prefer keeping your finances separate and protecting what's rightfully yours, this option might suit you better. Each keeps their assets, and debts stay separate, offering financial independence. Remember it's crucial to consult a legal expert before making this decision! 

Q. Curatorships and caring for the elderly.

There are a number of legalities in managing the financial affairs of the elderly, and if not done correctly, could lead to serious trouble.  

Most people rely on a Power of Attorney, but this may not always be legal, depending on the condition of your loved one.  

In cases of mental incapacity, the appoint of a curator is the only valid way to properly manage your loved ones financial and personal affairs.  

Q. Child maintenance and contact (visitation).

Did you know that maintenance and contact are two separate legal concepts. 

If your ex-spouse fails to pay child maintenance, you cannot simply cut off all contact he/she is entitled to with the child. This conduct amounts to a criminal offence in terms of the Children's Act.

Q. Is your divorce truly uncontested?

Agreeing to getting a divorce is only the first step. Most disputes arise when determining maintenance, child care and contact, and the division of assets and liabilities.  

It is of utmost importance to have competent legal representation to protect your rights and avoid disputes later.  

Q. Do you know the requirements for a valid Will?

Your Will must be signed by you in the presence of 2 witnesses. 

You and both witnesses must sign your full signature at the end of the Will.  

If the Will is more than 1 page, you and the witnesses must sign your full signature at the bottom of each and every page of the Will.  

For the avoidance of any confusion, your Will should be dated. 

Q. An explanation of the term "Rouwkoop" in sale agreements.

A "Rouwkoop Clause" refers to a contractual provision that allows a party in a sale agreement to cancel or terminate the agreement by making a payment or compensating the other party. It essentially allows a party to "escape" and release them from their contractual obligations. 

A "Penalty Clause" is a contractual provision specifying predetermined damages the seller would suffer if the other party breaches the terms of the agreement. It must adhere to proportionality; if excessive and not a genuine pre-estimate of damages, it may be unenforceable under the Conventional Penalties Act. 

The two terms have been used interchangeably in sale agreements for quite some time as the true meaning of Rouwkoop is not properly understood. The two terms have separate purposes and legal implications in South African property transactions and if used incorrectly they will not be enforceable.