Pratice Areas
What we do
Civil Litigation
- High Court
- Regional Court
- Magistrate's Court
- Mediation
Trust & Estates
- Estate Planning
- Drawing Wills
- Administration of Estates
Family Law | Divorces | Universal Partnerships
High Court | Magistrate's Court | Children's Court | Regional Court
- Familiy Law
- Divorce Law
- Divorce Mediation
- Parental Responsibilities and Rights
- Custody (Care and Contact of Children)
- Same-sex marriages
- Unmarried Father's Rights
- Domestic Violence and Abuse Cases
- Maintenance and Child Support
Commercial Law
- Leases
- Partnership Agreements
- Sale of Business
- Sale of Shares
- Shareholder & Association Agreements
- Registration of Companies
Collections
- Debt Collecting
- Rental Collections
- Section Title Collections
Other Services
- Contract Law
- Landlord Tenant Law
- Consumer Protection Act (CPA) Matters
Litigation
JP van Schalkwyk Attorneys litigates in the High Court, Regional Court and Magistrates Court. This is the traditional court method of litigating.
We focus on legal disputes whether based on Family Law, Commercial Law, Corporate Law, Labour Law or Wills and Estates.
The commercial litigation that Paizes Attorneys mainly focuses on is Corporate Law which usually involves financial and property-related issues as well as contract disagreements, which derive from counterproductive business relationships, unresolved business transactions, and a host of other business conflicts. The litigation usually comprises of suing or defending on a contract including, but not limited to, loan agreements, leases and franchise agreements.
The Family Law litigation that Paizes Attorneys mainly focuses on is Parental Responsibilities and Rights in terms of the Children’s Act and Guardianship applications.
Arbitration
The alternative to the traditional court method is alternative dispute resolution.
JP van Schalkwyn Attorneys also offers alternate dispute resolution services mainly through the method of arbitration. This service is for clients who do not wish to follow the traditional court method of litigation.
Arbitration is usually set out in corporate contracts and is either forced upon by one party, or is done through mutual agreement by all parties.
The arbitration is held in front of a nominated arbitrator and the procedure for the arbitration is determined by the parties and the arbitrator.
Commercial Law
JP van Schalkwyk Attorneys aims to ensure the success of our clients businesses and offer advice and strategic thinking surrounding our clients business operations and the strategy behind their business models.
When drafting or reviewing commercial contracts we provide advice for the protection of our clients, as well as, the best strategic way forward.
JP van Schalkwyk Attorneys provide legal advice at every step of the business value chain and ensures that the day-to-day legal requirements of your company are met. We offer a range of commercial legal services for sole proprietors to large corporate businesses.
Services offered by Paizes Attorneys include, but limited to:
- Company set-up
- Advice on the structuring of transactions
- Reviewing, preparation and drafting of commercial contracts and agreements relating to a broad sphere of commercial activities, including, but not limited to:
- Memorandum of Incorporation
- Shareholders agreements
- Sale of shares and subscription agreements
- Transactional contracts and advice
- Commercial Contracts (including “business as usual” terms and conditions)
- Sales of business
- Loan agreements and funding agreements
- Residential and commercial lease agreements
- Partnership agreements
- Franchise agreements
- Employment agreements
- Template contracts
- Business structuring and restructuring
- Company secretarial services
- Supply agreements
- Standard terms and conditions templates
- Director and shareholders advice
JP van Schalkwyk Attorneys will consult with clients in relation to the conception, content, implementation, enforcement and protection when any contract is litigated upon.
In an ever changing business world, it is advisable to frequently review and revisit any existing contracts so that they can be updated and/or amended to be in compliance with current legislation. This will allow the daily running of your business to remain protected.
Family Law
JP van Schalkwyk Attorneys is committed to providing our clients with the best legal advice in Family Law. We are highly skilled and trained in this field.
We are compassionate and sympathetic when it comes to our client’s matters, as this can be a very demanding and emotional journey for them.
Our Family Law services include:
- Antenuptial contracts
- Same sex marriages and relationship disputes
- Change of matrimonial property regimes
- Cohabitation Agreements
- Unopposed divorces, including settlement agreements
- Opposed divorces
- Rule 43
- Division of Assets
- Forfeiture
- Matrimonial Property Regimes and the Interpretation of Antenuptial contracts
- Child Law
- Parental responsibilities and rights as defined in the Children’s Act
- Unmarried fathers – biological
- Unmarried mothers
- Guardians and Caregivers appointed in terms of a Will
- Guardians and Caregivers appointed in terms of the Children’s Act
- Relocation applications and disputes – High Court Application and the defence thereto
- Parental plans
- Domestic violence
- Application and the drafting of the necessary affidavits for an application for an domestic violence protection action and the protection of our client’s rights (DVI)
- Defending an interim protection order (DVI) and the drafting of the necessary opposing affidavits and the court appearances associated with the defence
- Maintenance
- Application of increase or decrease of maintenance payments
- Application for the removal of a current maintenance order
- Paternity applications and disputes
Administration of Estates
JP van Schalkwyk Attorneys is very compassionate and we understand the grief when a loved one passes away. We assist loved ones with the administration and the winding up of an estate whether the loved one left a will (testate) or did not leave a will (intestate).
We further assist in the drafting of Wills and with Estate Planning, including Trust registration and Estate structuring. This is to ensure that when one passes away, one leaves your loved ones with an uncomplicated estate.
