Individual Legal Services

At Ferns & Associates, we provide dedicated legal support tailored to individuals navigating life's challenges. Whether you need assistance with family law, property matters, evictions, or general civil litigation, we offer clear guidance and compassionate representation. Our goal is to protect your rights and help you find practical solutions with professionalism and care.

family law

Learn about our services

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Unopposed Divorce

If you and your spouse have agreed on the terms of your separation, an unopposed divorce is the quickest and most cost-effective way to finalise the process. We handle all the legal paperwork, court filings, and appearances on your behalf, making the journey as smooth and stress-free as possible.

This service is ideal for couples who are in agreement on matters such as property division, maintenance, and parenting arrangements. By choosing an unopposed divorce, you save time, reduce costs, and avoid unnecessary conflict — allowing you to move forward with clarity and peace of mind.

Opposed Divorce

When spouses cannot agree on issues such as property division, maintenance, or parenting arrangements, the divorce becomes opposed. This process is more complex and requires experienced legal representation to protect your rights and interests.

Our attorneys guide you through every stage — from drafting pleadings and managing discovery, to representing you in court and negotiating settlement where possible. We aim to resolve disputes efficiently while safeguarding your financial security and family relationships.

This service is best suited for clients facing contested issues where professional legal strategy and strong advocacy are essential.

Parenting Plan

A parenting plan is a legally recognised agreement that sets out the responsibilities and arrangements for the care of children after separation or divorce. It covers important aspects such as residence, contact, schooling, healthcare, religious upbringing, and financial responsibilities — always with the child’s best interests at the centre.

Our firm assists parents in negotiating and drafting clear, practical parenting plans that comply with the Children’s Act 38 of 2005. We also guide clients through having the plan registered with the Family Advocate or made an order of court, ensuring it carries full legal effect.

This service is ideal for parents who want to avoid conflict, provide stability for their children, and ensure their agreement is both enforceable and future-proof.

Surrogacy Agreement

In South Africa, surrogacy is strictly regulated by the Children’s Act 38 of 2005 and requires a written agreement confirmed by the High Court before the process can begin. A valid surrogacy agreement sets out the rights, duties, and responsibilities of the commissioning parents and the surrogate mother, ensuring legal certainty and protection for all parties involved.

Our firm provides expert guidance in drafting and securing court confirmation of surrogacy agreements. We ensure full compliance with the law, safeguard your parental rights, and streamline the process to reduce stress and delays.

This service is ideal for prospective parents and surrogates who want to embark on the surrogacy journey with clear legal protection, certainty, and peace of mind.

Adoption

Adopting a child is a profound legal and emotional commitment. South African law requires that all adoptions comply with the Children’s Act 38 of 2005, ensuring that the best interests of the child are always paramount.

Our firm guides prospective adoptive parents through every step of the process, including preparing and submitting applications, managing court procedures, and ensuring all statutory requirements are met. We provide clear, expert advice on parental rights, consent, and post-adoption legal matters, making the process as smooth and secure as possible.

This service is ideal for individuals, couples, or families seeking to provide a permanent, loving home to a child while ensuring full legal compliance and protection for all parties involved.

Co-habitation Agreement

A cohabitation agreement is a legally binding contract that protects the rights and interests of partners living together, whether married or unmarried. It sets out how property, finances, and responsibilities will be managed during the relationship and in the event of a separation.

Our firm drafts clear, customised cohabitation agreements that comply with South African law, helping partners avoid disputes and ensuring financial and personal security. This service is ideal for couples who want certainty and protection while living together, without entering into marriage.

Maintenance

Maintenance obligations ensure that dependent family members receive financial support in accordance with South African law. Whether it concerns child maintenance, spousal support, or other dependents, proper legal guidance is essential to enforce or negotiate fair arrangements.

We assist clients in calculating, claiming, or defending maintenance obligations, drafting agreements, and representing them in court where necessary. This service is suitable for parents, spouses, or dependents seeking to secure financial support while ensuring compliance with the Maintenance Act 99 of 1998.

property

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Property Management

Our property management services provide comprehensive legal and administrative support for residential and commercial properties. We assist landlords and property owners with lease agreements, tenant disputes, compliance with statutory obligations, and overall management strategies to protect your investment and ensure smooth operation.

PIE Evictions

Under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act), evicting unlawful occupiers requires strict compliance with court procedures and notice requirements. We assist property owners and landlords with PIE eviction applications, ensuring lawful, fair, and enforceable outcomes while protecting your property rights.

ESTA Evictions

The Extension of Security of Tenure Act 62 of 1997 (ESTA) protects occupiers of rural land. Evictions under ESTA are complex and must follow statutory procedures to avoid illegal action. Our firm provides legal representation and advice to landowners and occupiers alike, drafting notices, managing court applications, and ensuring compliance with ESTA provisions.

Property Transfers

We guide clients through the legal process of transferring property ownership, ensuring full compliance with South African conveyancing and Deeds Office requirements. Our services include reviewing and drafting sale agreements, preparing transfer documents, and liaising with conveyancers and financial institutions to ensure a seamless transfer of property rights.

notarial services

Our notarial services provide official certification and witnessing of legal documents, giving them formal validity under South African law. We assist with the drafting, execution, and attestation of documents, including powers of attorney, affidavits, contracts, and more. Using a notary ensures that documents are legally binding and recognised in both domestic and international contexts.

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Authentication & Apostille

We facilitate the apostille or authentication of South African documents for use in foreign jurisdictions, ensuring they are legally recognised overseas. This service is essential for documents such as academic certificates, marriage certificates, powers of attorney, and company resolutions. We guide clients through the Department of International Relations and Cooperation (DIRCO) process to provide fully authenticated and apostilled documentation.

Ante-nuptial contract

An ante-nuptial contract (ANC) governs the financial regime between spouses before marriage, protecting assets and outlining property division in case of divorce. Our firm drafts customised ANCs that comply with the Matrimonial Property Act 88 of 1984, whether parties choose accrual or exclusion of accrual, ensuring clarity and legal enforceability.

Planning for the future and managing estates requires foresight, clarity, and legal precision. Our firm helps clients protect their assets, provide for loved ones, and ensure compliance with South African law.

We assist with creating trusts, drafting wills, and acting as agents in the administration of estates to ensure smooth, efficient processes. We also handle curatorship applications for individuals who are unable to manage their own affairs, safeguarding both their financial and personal interests. Our services provide peace of mind, legal certainty, and long-term protection for you and your family.

estate planning & administration

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Trusts

A trust is a legal arrangement that allows assets to be held and managed by a trustee for the benefit of designated beneficiaries. Trusts are commonly used for estate planning, asset protection, and managing wealth across generations.

Our firm advises on the creation and administration of various types of trusts, including family trusts and testamentary trusts. We prepare trust deeds, guide trustees on their fiduciary duties, and ensure compliance with South African law, helping you protect your assets and achieve long-term financial security.

Curatorship

When an individual is unable to manage their own affairs due to mental incapacity or age-related decline, a court-appointed curator can safeguard their financial and personal interests.

Our firm prepares and manages curatorship applications in accordance with South African law, including medical and financial assessments, legal documentation, and court representation. We act in the best interests of the person concerned, ensuring protection and compliance with statutory requirements.

Living Will

A living will (advance healthcare directive) allows you to set out your preferences regarding medical treatment should you become unable to make decisions yourself. This legal document provides guidance to healthcare providers and family members, ensuring your wishes are respected.

We draft comprehensive living wills in compliance with South African law, covering decisions on life-sustaining treatment, organ donation, and other healthcare matters. This service empowers you to plan ahead, protect your autonomy, and relieve your loved ones from uncertainty during difficult times.

Deceased's Estates

Managing a deceased estate requires careful legal oversight to ensure compliance with South African succession law. We assist clients as executors or agents in administering estates, including asset distribution, debt settlement, and statutory reporting.

We also draft clear, legally valid wills tailored to your wishes, ensuring your estate is managed according to your intentions and minimising potential disputes among heirs. Our service ensures peace of mind for both estate holders and beneficiaries.

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General Civil Litigation

Our General Civil Litigation services provide comprehensive support for individuals and businesses navigating civil disputes. We handle matters such as contractual disagreements, property or commercial disputes, and claims for damages, offering strategic advice and representation at every stage. Our team guides clients through procedural requirements, drafts pleadings, negotiates settlements, and represents them in court when necessary.

We aim to resolve disputes efficiently while protecting your rights and minimising stress. Each case is assessed individually, and fees are transparent and tailored to the complexity of the matter. Contact us today to discuss your situation and explore the best strategy for your case.

litigation

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Divorce & Family Law


  • An unopposed divorce typically takes between 3 to 6 months, depending on the court’s schedule and how quickly the paperwork is processed. Opposed divorces, where parties disagree on matters like custody or asset division, can take significantly longer and are more complex.


  • A parenting plan is a legal agreement that sets out how parents will share responsibilities and care for their children after separation or divorce. It helps minimize conflict, ensures the child’s best interests are prioritized, and provides clarity on visitation, schooling, and decision-making.


  • If both spouses agree on all terms of the divorce, including division of assets, maintenance, and custody, an unopposed divorce applies. If there is disagreement on any issue, the divorce is opposed and requires court intervention to resolve disputes.

Frequently Asked Questions

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Property, Evictions & Transfers


  • The PIE Act protects tenants from unlawful evictions by ensuring landlords follow a fair legal process. It requires proper notice and court orders before eviction, safeguarding tenants’ rights, especially in vulnerable circumstances.


  • Yes, we assist with property transfer facilitation by coordinating between buyers, sellers, and conveyancers to ensure all legal documents are prepared correctly and the transfer process runs smoothly. While we don’t perform conveyancing, we help manage the legal aspects efficiently.

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Estate Planning, Curatorships & Notarial Services


  • Absolutely. We provide estate planning services including drafting wills tailored to your wishes and setting up trusts to protect assets and provide for beneficiaries according to your instructions.


  • Yes, we offer notarial services such as drafting and authenticating ante-nuptial contracts, affidavits, and other legally binding documents to protect your interests.


  • A curatorship application is a legal process where the court appoints a curator to manage the affairs of a person who is mentally ill, dementia-impaired, or unable to manage their own financial or personal matters. We guide families through this sensitive process to ensure protection and care.

Contact us.

Please let us know if you have any questions by sending us a message below.