MJW Attorneys Incorporated

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MJW Attorneys Incorporated Boutique law firm in Hermanus, Western Cape, offering family law and civil litigation services

28/09/2026

FINANCIAL RELIEF AND DOMESTIC VIOLENCE APPLICATIONS

With the ongoing discussion about gender-based violence in South Africa, we’d like to focus on an issue that is sometimes overlooked.

Let’s get into it:

In terms of section 7 (4) of the Domestic Violence Act 116 of 1998, the respondent may be ordered to emergency monetary relief to the complainant after having considered the financial needs and resources of both parties.

The directive may extend to financial relief in favour of a minor child and has the effect of an order in the civil court.

If you are a victim of economic abuse and you require financial relief, this relief is available to you without having to apply for a maintenance order.

However, you must attached comprehensive financial disclosure and properly set out the following:

1. A clear connection between the abuse and the financial burden.

2. Proof of earnings (current or lost earnings) and expenses.

3. Proof of financial needs and financial resources of both parties.

We would advise that an affidavit be attached to the application setting out the necessary detail and reasons why you require the financial relief. Don't forget to attach your supporting documents!

If you require assistance with an application for a protection order, book a virtual or in-person consultation with Megan Wentzel: 074 500 7082 or [email protected].

HOW DOES MEDIATION BENEFIT THE CHILD?We care about the best interests of the child and this is why we encourage our clie...
16/09/2026

HOW DOES MEDIATION BENEFIT THE CHILD?

We care about the best interests of the child and this is why we encourage our clients to mediate before they litigate. Our accredited mediator has 15 years’ experience in family law and understands the complexities of family disputes.

Let’s get into it:

1. Mediation keeps the child out of the conflict:

Mediation gives parents a structured place to resolve disputes without making the child the messenger or witness. The less the child is drawn into the parental dispute, the better.

2. Mediation helps parents focus on the child, not the fight:

A good mediation process shifts the conversation from “What do I want?” to “What arrangements will work for our child?” Parents can work through practical issues such as care, contact, schooling and expenses with the child's needs at the centre.

3. Mediation can preserve the parenting relationship after the dispute is resolved:

A court order can determine the outcome of a dispute, but parents must co-parent afterwards. Mediation can help parents develop communication and problem-solving skills that they can continue to use after the immediate dispute has ended.

Book a virtual or in-person consultation to discuss how mediation could benefit your family.

14/09/2026

DO YOU FEEL THAT MEDIATION WON’T WORK?

You may be hesitant to engage the services of a mediator because you feel that it won’t turn out the way you planned.

With our approach, you aren’t choosing between legal knowledge and mediation expertise. You’re getting both.

Let’s get into it:

We refer our matters to a practising attorney who has 15 years’ experience in litigation and family law. We do not refer our matters to someone who is simply accredited and there are good reasons for this:

1. An Attorney understands the legal consequences of settlement and what is legally enforceable, sufficient and precise.

2. An Attorney can identify legal issues at the outset that may otherwise derail the settlement. These issues could be procedural or substantive.

3. An Attorney is skilled in managing conflict – it’s what they are trained to do!

Let us help you get the settlement you deserve. If you’d like to book a virtual or in-person consultation with Megan Wentzel.
đź“ž Call: 074 500 7082
đź’¬ WhatsApp: 074 500 7082
✉️ Email: [email protected]

11/09/2026

MEDIATION AND PRESCRIPTION:

Mediation does not interrupt prescription and this is why it’s important to consult with an Attorney before the matter is referred.

If you have a claim that is due to prescribe, you must commence legal action to interrupt prescription. If mediation is unsuccessful, you can proceed with your claim in the ordinary course without prejudice to your rights.

We’ve found this applicable in family law matters where one spouse agreed to pay the other spouse a cash lump sum after the divorce was finalised. Several years past by and our client received no payment.

The claim was due to prescribe so we issued and served summons urgently to interrupt prescription while the parties pursued voluntary mediation to unpack the alleged change in financial circumstances of the other party and the reasons for the non-payment since the date of their divorce.

These circumstances are uncommon, but they demonstrate how important it is to know your rights before you pursue alternative dispute resolution.

If you are unsure whether your claim is about to prescribe, book a virtual or in-person consultation with Megan Wentzel: 074 500 7082 or [email protected].



VOLUNTARY MEDIATION VS COURT-ANNEXED MEDIATION:We offer voluntary mediation referral and finalisation of your legal matt...
09/09/2026

VOLUNTARY MEDIATION VS COURT-ANNEXED MEDIATION:

We offer voluntary mediation referral and finalisation of your legal matter for a fixed fee.

Let’s get into it:

When parties agree to mediate, it is voluntary mediation. When you agree to mediate during court proceedings the mediation is court-annexed – running simultaneously with the court process.

Remember when we discussed the compulsory mediation protocol in the Gauteng Division? This is an example of court-annexed mediation. As much as we support court-annexed mediation and hope that a mediation protocol becomes mandatory in all divisions of the high court and in the lower courts, we encourage our clients to mediate first.

Why?

1. You negotiate from a position of choice and not pressure.

2. You stop the conflict before it becomes more expensive.

3. You protect the relationship while there is still something to preserve.

Litigate about specific issues and not everything! If you can mediate and settle on some issues, that is an efficient and cost-effective legal strategy and we encourage you to try.

If you’d like to book a virtual or in-person consultation with Megan Wentzel, please reach out by text, call or email: 074 500 7082 or [email protected].

09/09/2026

We're collaborating with Business Turnarounds soon! Follow our pages to see it first.

f you’d like to book a virtual or in-person consultation with Megan Wentzel.
đź“ž Call: 074 500 7082
đź’¬ WhatsApp: 074 500 7082
✉️ Email: [email protected]

LITIGATION AND COSTS:Your Attorney is charging you for their service and it’s not just a once-off fee. We’re a small fir...
07/09/2026

LITIGATION AND COSTS:

Your Attorney is charging you for their service and it’s not just a once-off fee.

We’re a small firm and so “big law” fees don’t work for us and for our clients – and we are okay to admit this! Our fixed fees are disclosed upfront and do not change.

The service we offer leaves our clients feeling satisfied that their money was well spent because we create the value that justifies the costs. Read More:
https://mjwattorneys.co.za/litigation-and-costs/

If you’d like to book a virtual or in-person consultation with Megan Wentzel.
đź“ž Call: 074 500 7082
đź’¬ WhatsApp: 074 500 7082
✉️ Email: [email protected]

MANDATORY MEDIATION IN THE GAUTENG DIVISION:Remember we posted about the mandatory mediation notice? Well, in the Gauten...
04/09/2026

MANDATORY MEDIATION IN THE GAUTENG DIVISION:

Remember we posted about the mandatory mediation notice? Well, in the Gauteng Division of the High Court, mediation is compulsory before a trial date is allocated.

Read More:
https://mjwattorneys.co.za/mediation-protocol/

If you’d like to book a virtual or in-person consultation with Megan Wentzel.
đź“ž Call: 074 500 7082
đź’¬ WhatsApp: 074 500 7082
✉️ Email: [email protected]

04/09/2026

MEDIATION VS LEGAL REPRESENTATION:

Our Mediator facilitates an agreement and we independently advise and finalise. This separation makes for a cleaner professional record.

A mediator’s duty is to both parties equally. They must remain neutral and cannot give either spouse or parent advice about what outcome is in their best interests only. An Attorney is mandated to represent their client and to act in their best interests.

We believe that the two people should be different.

Let’s get into it:

There is a structural difference between the two functionaries:
1. The Mediator must remain independent and impartial.

2. The Attorney has a client and mandate with that client.

3. The Mediator is not invested in the outcome.

The distinction is particularly compelling when there are minor children involved. A Mediator will ask “what parenting arrangement will work for this family?” and the Attorney will ask “Does this agreement comply with the law and protect the client’s rights and best interests of minor children?”

The Code of Conduct for legal practitioners draws a deliberate distinction as well. An Attorney may act for two parties to record a settlement agreement, provided that the parties have been advised of their right to obtain independent legal advice.

However, the Attorney must refrain from conduct which places or could place them in a position where the client’s interests conflict with their own or another client. We read between the lines here - there is a distinction between getting to the settlement and drafting the agreement.

Our process is transparent, efficient and cost-effective. Book a virtual or in-person consultation with Megan Wentzel to find out why. Send a WhatsApp to 074 500 7082 or email [email protected].

Address

Hemel-en-Aarde Village, Village Lane
Hermanus
7200

Opening Hours

Monday 08:30 - 16:30
Tuesday 08:30 - 16:30
Wednesday 08:30 - 16:30
Thursday 08:30 - 16:30
Friday 08:30 - 16:30

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