practices

our legal practice areas

Family

We offer expert advice regarding divorce. We offer expert advice and assistance in all aspects of divorce, separation and family matters. We discuss with you how best to resolve issues and help you to achieve your aims.

Children

The interests of the children are of paramount importance. We aim to achieve this in line with the courts’ view that the interest of the children supersedes all.

Divorce and Matrimonial Matters

A complex emotional time. We understand the traumatic event of divorce and breakdown of a relationship and will assist with compassion and empathy. Our approach is objective taking into consideration the future of both parties and more especially in the event of children being born of the marriage. Factors to consider are: Civil Marriage Customary Marriage Islamic Marriages Civil Unions Marriage in Community of Property; Marriage out of Community of Property with the Accrual Expressly Excluded; Marriage Out of Community of Property with Accrual: Antenuptial Contracts

Divorce Mediation

This confidential and very effective process allows a mediator to facilitate communicate between the parties and to assist them in settling and reaching a mutual agreement. This process assists the parties with regards to: Custody and Visitation Rights Maintenance and Child Support Property and Division of Assets This process is a much more peaceful approach to resolving complex issues out of court so the Divorce process is reached far more amicably.

Maintenance

We assist clients in maintenance claims for spouses, children as well as maintenance for children born out of wedlock as both parents have a duty to support the children provided they have the means to do so.

Rule 43 Applications

We also assist clients in obtaining interim relief pending finalization of the divorce. The relief requested may include maintenance, interim Guardianship and Care and Contact to the children and interim contributions towards legal costs.

Domestic Violence, Abuse of Interdicts and Harassments

We understand the need for as well as when the process is abused enabling us to attend to and assist clients in Obtaining protection orders under the domestic violence act in cases where domestic violence has been committed; Obtaining Order in terms of the Harassment Act; Attend to dismissal of applications in abuse of court processes; Domestic violence is a serious offence which requires highly sensitive and specialized attention to avoid incorrect decisions.

Adoption

Rescission of Judgment

Entitlement to apply for the rescission of a Judgment that was granted against a person occurs when the other side consents thereto in writing. When the Defendant, at the time the judgment was entered, was not in willful default and has a valid Defence.

Criminal

All areas of criminal law Bail Applications including after-hours Bail Formal Bail Applications

Collections

Insolvency

Correspondent Attorneys

We appear in Magistrate Court and High Court and accept all matters which will be attended to professionally. Our fees will be discussed in detail and a mandate will be provided.

Elaine Bisesar & Co.

Integrity and Excellence in Legal Services…