Articles

When it comes to the world of civil litigation in South Africa, it covers a broad spectrum of non-criminal disputes. This involves the process of a party taking legal action against another party, seeking damage claims, getting them to legally do something (performance claims), or getting them to legally stop doing something (interdicts). This is why you need a professional civil litigation lawyer by your side during such a process. Eileen Visser Attorneys is your first choice in Pretoria. Civil litigation starts with the plaintiff or applicant issuing a Letter of Demand (LOD) to the defendant or respondent. In the movies, we always see a legal clerk showing up, confirming the identity of the defendant or respondent, and handing them a folder of documents with the catchphrase, “You’ve been served”. These legal documents are usually court summons. However, they skip a crucial part that comes before the summons, which is the LOD itself. Today, we talk about the importance of the initial LOD and how a professional civil litigation lawyer can assist you with drafting and issuing an LOD. How Can an LOD Directly Affect a Civil Litigation Case? Eileen Visser Attorneys is your solution to civil litigation lawyers in Pretoria. Ensure that your case holds water in court with a professional and knowledgeable lawyer by your side. Contact us today if you are interested in our legal representation.

Divorce can be a messy process regarding its legal aspects, especially if it is a contested divorce where both parties cannot find agreeable terms and end up in court. If you need legal representation to help you through such a process, Eileen Visser Attorneys is your answer to a professional family law firm in Pretoria. With a highly knowledgeable family lawyer by your side, the legalities of your divorce are in good hands. When it comes to filing for divorce, spouses have the option to initiate a Rule-43 or Rule-58 application. Such an application can provide various solutions to the less wealthy spouse, including financial support, limited access to assets (such as vehicles), and temporary custody rulings. Today, we talk about Rule 43 and Rule 58, their purpose, and their legal applications throughout a contested divorce case. What Should I Know About Rule 43 and Rule 58? Their Purpose: Fundamentally, both Rule 43 and Rule 58 serve the exact same purpose. This purpose is to secure urgent interim relief during a pending contested divorce for the less wealthy spouse. These mechanisms are enforced with temporary court orders and are automatically revoked once the divorce is settled and the final decree of divorce is granted. The only difference between them, is that Rule 43 is initiated in the High Court and Rule 58 is initiated in the Regional/Magistrate’s Court. The Interim Relief Provided by Rule 43 and Rule 58: The interim relief that can be provided covers 4 primary topics. They are: Eileen Visser Attorneys is your solution to a professional family lawyer firm in Pretoria. We represent people who live in Johannesburg. We operate in South Africa’s administrative capital, since Pretoria has the Gauteng Division of the High Court and the Pretoria Magistrate’s Court. Please contact us today if you require legal representation for a contested divorce.