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Category: Family Law

Ensuring Your Child’s Future: A Guide to Understanding Child Maintenance

Child maintenance is a legal responsibility for both parents to financially support their minor child, regardless of their relationship status. This obligation remains even if a parent remarries or enters a new relationship. Key Aspects of Child Maintenance Legal Duty: Both parents must contribute to the child’s needs, including food, clothing, housing, education, and healthcare. […]

Secure your love story with a prenup

When envisioning your dream wedding, couples often focus solely on romance and festivities, overlooking the legal aspects that can protect their interests and provide long-term security. This is where Swemmer & Levin comes into play. We can help you draft an antenuptial agreement that can bring numerous benefits and provide you with peace of mind. […]

Eiendomsreg van onroerende goed na ’n egskeiding

Wanneer word ’n eggenoot wat geregtig is om ’n halwe aandeel in onroerende goed te ontvang, die eienaar van daardie halwe aandeel? Word die halwe aandeel van onroerende goed met die toekenning van ’n egskeidingsbevel dadelik toegestaan, of verkry ’n eggenoot ’n persoonlike reg om formele oordrag in die aktesregister te eis op grond van […]

Vyf vrae om jou huisverhouding reg te kry

Ten spyte van die onlangse rentekoersverhoging het Suid-Afrika tans steeds ‘n sogenaamde “kopersmark”, waar eerstydse huiskopers die geleentheid het om baie vroeër as wat hul finansiële situasie in vorige jare sou toegelaat het, die eiendomsmark te betree. Die gevolg is dat baie eerstehuiskopers nou betrokke is by belangrike finansiële besluitneming en jy benodig eintlik ‘n […]

Grondwetshof besluit lewensvennote is gades vir intestaatopvolging

Lewensvennote kwalifiseer nou vir intestaatopvolging Die Grondwetshof het onlangs, na die Oktober 2020 uitspraak van die Wes-Kaapse Hooggeregshof, bevestig dat artikel 1(1) van die Wet op Intestaatopvolging ongrondwetlik is indien dit lewensvennote in ‘n verhouding wat bedoel is om permanent te wees, uitsluit, volgens die definisie van “gade”. Die hof het beveel dat die parlement […]

Maintenance and children not born from a marriage

First things first, the woman claiming child support for a child born out of wedlock must prove paternity. In Sager v Bezuidenhout it is clear that both parents must contribute to the minor child’s needs and expenses. These expenses include any reasonable expenses that are considered in the best interest of the child, whether it […]

Gebruiklike huwelik geldig verklaar in vrouens se geskil

Die gewig wat gebruiklike huwelike dra, is weereens beklemtoon tydens ‘n regsdispuut tussen twee weduwees. Albei vrouens het beweer dat hulle wettiglik met hul nou-oorlede man getroud was. Die eerste vrou het verklaar dat sy ingevolge gewoontereg in 1991 met haar man getrou het. Die tweede vrou het verklaar dat sy die “ware vrou” is […]

Customary union declared valid in wives’ dispute

The weight that customary marriages carry was highlighted once again during a legal wrangle between two widows. Both “wives” claimed that they were legally married to their now-deceased husband. The first wife stated that she married her husband in 1991 in terms of customary law. The second wife stated that she was the “true wife” […]

Grandparents’ rights over their grandchildren

There can be no doubt that grandparents, more often than not, are intimately involved in their grandchildren’s lives and upbringing, and they provide care. But what happens when they are denied access to and contact with their grandchildren? Despite the generally recognised importance of the role grandparents play in the lives of many children, not […]

Jan Fourie

Director |  Attorney, Notary & Conveyancer | BA. LLB

Jan graduated in 1974 with a five-year BA LLB degree from the University of Stellenbosch, whereafter he was admitted as an advocate and prosecuted as such in the Cape Town and Wynberg Courts. In 1974, he joined Swemmer & Levin as the Candidate Attorney of Mr Levin (founding member) and was admitted as an attorney on 7 April 1976, as a conveyancer on 11 January 1978, and as a Notary on 19 December 1984. Since 1974, he has served in various committees, including the West Coast Chamber of Commerce, the Vredenburg School Committee, and the Malgas Lions Club. 

Furthermore, Jan was the author of the first bilingual law book, The New Debt Collecting Procedures (Die Nuwe Skuldinvorderingsprosedures), which was used by all the Magistrate Courts throughout South Africa. With the founding of the Small Claims Court in Vredenburg, Jan served as one of the first Commissioners. He is currently based at Swemmer & Levin’s Vredenburg office and has been with our firm for more than 47 years.

Pieter Smit

Director | Attorney & Conveyancer | BA. LLB

Pieter obtained his BA Law degree from Stellenbosch University in 1995 and his LLB degree from the North-West University in Potchefstroom in 1998. He served his articles at Marais Muller Attorneys from 1998 to 1999 and was admitted as an attorney in 2000 and as a conveyancer in 2002. Pieter is the founder of PP Smit Attorneys, which opened its doors in 2004. He also became a director of Swemmer & Levin in 2006. Pieter loves the outdoors and participating in all forms of sport, including tennis, golf, fishing, spearfishing, scuba diving, and hiking. 

Johann Maree

Director | Attorney | BA. LLB

Johann matriculated at Oudtshoorn High School and attended Stellenbosch University, where he obtained his BA Law and LLB degrees. Following his studies, he worked for three years as State Prosecutor at the Magistrate’s Court in Cape Town. Johann completed his legal training with the State Attorney in Pretoria and then moved to his hometown, Oudtshoorn, where he worked as a lawyer for a year. In 1983, he finally moved to Vredenburg and joined Swemmer & Levin, where he is still practising as a director. When he is not in the office, Johann enjoys cycling and in his earlier days, he used to be a long-distance junkie.

Richard Phillips

Director | Attorney | Bcom & BProc

After matriculating at Paarl Boys’ High School, Richard completed his BCom and BProc degrees at the University of Port Elizabeth. He served his articles with Van Wyk Fouchee in Paarl and quickly developed an affinity for litigation. Richard has always had a deep love for the ocean and when he was presented with an opportunity to join Swemmer & Levin on the West Coast, he agreed without hesitation and has been with our firm since 1997. Richard specialises in general litigation and divorces. When he is not in the office or with his family, he tries to spend as much time as possible in or on the water.

Jandré Smith

Director | Attorney | LLB

Jandré grew up and matriculated in the small Klein Karoo town of Oudtshoorn. He furthered his studies at the North-West University in Potchefstroom, obtaining his LLB degree during 2015. He completed his articles at Swemmer & Levin in 2017 and was subsequently appointed as a professional assistant. In 2020, Jandré was promoted to the position of director at the firm, where he practises in the Litigation department at our Langebaan office. When not practising law, Jandré is an avid sports fan. He has a passion for nature and enjoys camping, trail running, and mountain biking with his family.

Andre van der Walt

Director | Attorney | LLB

Andre graduated in 2015 with an LLB degree from the University of Pretoria. He later went on to obtain his NQF 7 Certificate in the Administration of Deceased Estates from the University of South Africa, which allowed him to further his career in deceased estates and the drafting of wills and trusts. Andre served his articles at Barnard & Patel Attorneys under the supervision of Mr YAS Patel. After being admitted as an attorney in 2016, he continued working at Barnard & Patel Attorneys as a professional assistant in the deceased estates department.

Andre joined Van Rensburg Attorneys in 2019 and was head of the deceased estates department until 2021. He then received the opportunity to move to the West Coast, where he joined Swemmer & Levin Attorneys. Andre loves travelling and enjoys the beauty that our country has to offer with his friends, family, and loved ones.

Harmann Potgieter

Attorney | LLB

Harmann graduated in 2018 with an LLB degree from the North-West University’s Potchefstroom Campus. He went on to study and grow in various fields, including doing a course on the Consumer Protection Act and a course at the University of South Africa where he obtained his NQF 7 Certificate in the Administration of Deceased Estates.

Harmann completed his articles of clerkship at Swemmer & Levin under the supervision of Mr Richard Phillips. After being admitted as an attorney in 2020, Harmann continued with Swemmer & Levin as a professional assistant in the deceased estates department as well as the litigation department. He loves to study, possesses a deep curiosity about the world, and is dedicated to giving back to the community.

 

Carla Cloete

 

Director | Attorney, Conveyancer & Notary | LLB  

Carla obtained her LLB at the North West University, Potchefstroom Campus in 2015. She completed her articles in 2017 with Brits Dreyer Inc in Bellville. She is an admitted Attorney, Notary and Conveyancer. After her articles she relocated to Kimberley where she worked as a professional assistant in the Conveyancing department of Van de Wall Inc. Coming back to her Western Cape roots, she now joins the Swemmer & Levin team as a professional assistant.