Commercial Law
Practical Legal Support for Growing BusinessesCommercial Law
At Brookes Attorneys, we advise and represent business owners, entrepreneurs, and senior managers across a wide range of commercial law and business-related legal matters. From early-stage start-ups to established companies, we provide clear, commercially focused legal advice that supports sustainable growth in the South African business environment.
Running a business involves constant legal decision-making. Having quick, reliable access to a commercial law attorney who understands both the legal and practical realities of business can help you avoid costly mistakes and position your business for long-term success.
Commercial Law Advice That Supports Business Growth
Our approach to commercial law is grounded in understanding how your business operates, what risks you face, and where you’re going. We don’t just react to problems — we help business owners put the right legal foundations in place to reduce risk and enable growth.
Whether you are launching a new venture, restructuring an existing business, or managing day-to-day legal challenges, we aim to provide clear, honest, and actionable advice that aligns with your commercial objectives.
Supporting Start-Ups & New Businesses
For new businesses, early legal decisions often have long-term consequences. We assist entrepreneurs and start-ups with the essential legal building blocks needed to operate confidently from the outset.
Key areas we assist with include:
- Selecting and establishing appropriate business structures
- Drafting terms of business
- Credit agreements for the supply of goods and services
- Commercial and retail property leases
- Employment contracts and workplace documentation
- Privacy, data protection, and information protection compliance
- Intellectual property considerations
By addressing these issues early, we help new businesses minimise risk and avoid disputes as they grow.
Ongoing Commercial Contract Support
Once a business is established, contracts become central to everyday operations. We assist business owners by drafting, reviewing, and negotiating a wide range of commercial agreements tailored to their specific activities.
Our commercial law services include work on:
- Buy-and-sell agreements
- Service level agreements (SLAs)
- Supplier and distribution agreements
- Agency agreements and mandates
- Indemnities and waivers
- Confidentiality and non-disclosure agreements (NDAs)
- Joint venture agreements
- Shareholder agreements
- Memoranda of Incorporation (MOIs)
- Lease agreements
- Partnership Agreements
Well-drafted contracts reduce uncertainty, clarify expectations, and protect your business when things don’t go according to plan.
Buying or Selling a Business
We are experienced in guiding business owners through the entire process of buying or selling a business, from initial planning to final implementation.
Our role includes:
- Advising on the most appropriate transaction structure
- Drafting agreements and negotiating commercial terms
- Identifying and addressing issues uncovered during due diligence
- Advising buyers on conducting comprehensive legal due diligence
- Managing and coordinating the legal aspects of the transaction
We draft, review, and negotiate the extensive documentation involved in business transactions, including:
- Asset purchase agreements
- Stock or share purchase agreements
- Restraints of trade
- Confidentiality agreements
Our focus is on protecting your interests while ensuring the transaction proceeds efficiently and with minimal disruption.
A Commercially Minded Legal Partner
Businesses vary widely in size, industry, and risk profile. By taking the time to understand how your business operates, we are able to provide legal advice that is not only technically sound, but also commercially sensible.
Whether you need support with a single agreement or ongoing access to a trusted commercial law attorney, Brookes Attorneys offers a practical, professional service designed to support your business at every stage.
FAQs
How does it work to get a Divorce?
Only a Court of law can divorce a person as it affects status. You or your lawyer will follow the process through either the Regional or High Court.
What is the procedure or process for instituting a Divorce?
One party (Plaintiff) needs to issue summons (sue) the other party (Defendant) for a divorce. This is done by combined summons. If you are not represented, you can get the relevant form from the Regional Court in the area you live or work. Otherwise, your attorney will draft this.
An annexure A is required to be completed and signed in front of a commissioner of oaths if you have minor children. A Stats form needs to be completed. These can be completed by either party.
This is then issued by court and served personally on the Defendant by the Sheriff.
How long does it take for a Divorce to be finalised?
If the Divorce is not defended it can take about 8/10 weeks, if it is defended it may take 3 years to get to trial.
Once the Court has heard evidence by the Plaintiff on the date allocated or the trial is complete, the divorce is final and the Divorce Order will be at Court for collection within 2 weeks.
How long does it take for the Sheriff to serve someone?
The Sheriff will serve on the address given in the summons during working hours within 2 weeks after they receive the documents, provided they are not told to serve urgently or at another address and the Defendant needs to be present in person to accept.
What do we need to prove to get a Divorce?
You need to prove that the marriage has broken down irretrievably and that there is no chance of reconciling. South Africa has a no fault divorce system, so someone does not need to be blamed or do something wrong. Adultery is not a crime in South Africa.
What does community of property mean?
In community of property both parties share in all assets and liabilities equally and the estate id divided equally regardless of who owns more or owes more or who had more before the marriage. This is the default system in South Africa if no contract is entered into before marriage.
What does Accrual mean?
Accrual is the sharing of the assets and liabilities accumulated during the marriage. A marriage is subject to accrual if the parties signed an Antenuptial contract (ANC) before they were married. The starting value written in the ANC needs to be adjusted to current money value and deducted off the current estate of each party before the balance is divided. Any property excluded in the ANC is excluded in the Divorce.
How much does it cost to get divorced?
The Court does not charge you but you need to pay the Sheriff’s fees and pay for copies of the documents.
If you have a lawyer, they will charge you and if an Advocate appears there will be another charge.
What happens if you get served with divorce papers?
You have 10 business days (2 weeks) to enter an appearance to defend if you do not agree with what is being asked for by the other party. You then file a plea saying why you don’t agree and a counterclaim asking for what you want within 20 business days of the appearance to defend.
If you are happy with the terms in the summons, then you do nothing and the divorce will be set down as an unopposed divorce by the other party. You do not need to be in Court as the Defendant.
What is the quickest and cheapest way to get divorced?
If both of you agree beforehand on the issues such as property, money and children then you can sign a settlement agreement, with or without a parenting plan and issue summons based on those documents and their terms.
What is a settlement agreement?
A settlement agreement deals with property, whether movable or immovable, money and pension funds. It is signed by both parties.
What is a parenting plan?
If you have children under 18 years old together, this document deals with who the children live with, how often the other parent sees them and when, who pays for the educational and medical and living expenses of the children.
Who is the Family Advocate?
The Family Advocate’s office has to approve all arrangements in respect of children under 18 years old. They look at the summons and settlement agreement or parenting plan and endorse this or if they are concerned, they will request an enquiry. At the enquiry both parents and the children are interviewed and they report on their recommendations.
How long does it take to get a court date for an unopposed/undefended divorce?
It can take between 3/8 weeks to get a date after the matter is settled depending on the backlog at the Court and which Court, Regional, or High Court.
Do I need a lawyer to get divorced?
No, you can do it all yourself. The best option is to approach the Regional Court at the Magistrate’s Court in the area where you live or work and they will help you.
What can I do if I want a lawyer but can’t afford one?
You can approach the Legal Aid Board, your local University Law Clinic, the law practitioner’s council in your area or probono.org.
What is my spouse says they won’t give me a divorce?
A person can dispute the terms of the divorce as far as property and children arrangements but not that the marriage has broken down. The Court will decide if the marriage has broken down and if one of you has asked for a divorce, this is most often a sign.
What can I do to get maintenance while waiting for the Divorce to go through?
In the High Court, a Rule 43 application is brought for maintenance for yourself and any children and for arrangements in regard to where children live and how often they see the children and a contribution to your legal costs.
In the Regional court, this is a Rule 58 application.
Alternatively, you can go to the Maintenance Court in the Magistrate’s Court in your area.
What if there is domestic abuse?
The Domestic Violence Court at the Magistrate’s Court in your area will assist with getting protection orders.
Speak to a Commercial Law Attorney
If you’re looking for clear, reliable commercial law advice to support your business decisions, Brookes Attorneys is ready to assist. From start-ups to established enterprises, we help business owners navigate legal complexity with confidence.
Contact us today to discuss your commercial law requirements and take the next step toward protecting and growing your business.