Voluntary sequestration

Voluntary Insolvency Legal Consulting

At Integrated Financial Wellness, we provide expert solutions for your voluntary sequestration challenges. Trust our dedicated team to guide you through every step.

Get Your Consultation

    Our Commitment to Your Financial Well-being

    Integrated Financial Wellness is dedicated to navigating the complexities of insolvency for our clients. Our tailored financial plans are designed to address individual challenges and empower clients towards sustainable solutions. We prioritise thoroughness and precision over speed to ensure each client receives the best possible outcome.

    Our team consists of experienced legal consultants specialising in insolvency matters. With a diverse range of expertise, we collaborate closely to develop effective strategies for our clients. Together, we uphold the highest standards of confidentiality and professionalism throughout the entire process.

    About us

    What is Voluntary Sequestration?

    Voluntary sequestration is a legal process in South Africa that allows individuals who are overwhelmed by debt to declare themselves insolvent. It offers a structured way to eliminate unmanageable debt by surrendering assets to a court-appointed trustee who distributes the proceeds among creditors. If you’re struggling to repay personal loans, credit card debt, or facing legal pressure, understanding what voluntary sequestration is can help you make an informed decision about your financial future.l challenges with expert guidance and support.

    Understanding Voluntary Sequestration

    Voluntary sequestration falls under the Insolvency Act 24 of 1936. Unlike compulsory sequestration, which is initiated by a creditor, voluntary sequestration is initiated by the debtor. The process starts with an application to the High Court to surrender your estate. Once granted, a trustee takes control of your assets and uses them to pay off creditors as far as possible.
    This method provides immediate legal protection from debt collectors, garnishee orders, and court actions, giving you breathing space and the opportunity to rebuild your financial life.

    Who Qualifies for Voluntary Sequestration?

    To qualify for voluntary sequestration in South Africa, you must meet the following conditions:

    • You are unable to pay your debts.
    • Your liabilities exceed your assets.
    • You can offer creditors a minimum of 20 cents per rand.
    • You live in South Africa or own property within the country.

    Consulting a qualified insolvency attorney is essential to assess your financial situation and determine if voluntary sequestration is a suitable option.

    How Does the Process Work?

    01. Financial Assessment

    Your financial position is reviewed to confirm that voluntary sequestration is appropriate.

    02. Preparation of Legal Documents

    Your attorney drafts an affidavit and statement of affairs, listing assets, liabilities, income, and expenses.

    03. Notice of Surrender

    A public notice is published in the Government Gazette and a local newspaper, informing creditors.

    04. Court Application

    The High Court assesses your case and, if approved, grants the sequestration order.

    05. Trustee Appointment

    A trustee is appointed to manage the sale of assets and distribute proceeds to creditors.

    06. Rehabilitation

    After a period (typically 4 years), you may apply for rehabilitation, restoring your financial rights.

    Benefits of Voluntary Sequestration

    Immediate legal protection from creditors
    Debt relief, with large portions written off
    Peace of mind through a structured, court-monitored process
    Opportunity to start fresh after rehabilitation

    Who Should Consider Voluntary Insolvency?

    Voluntary insolvency is suitable for:

    Individuals overwhelmed by debt and facing legal action
    Businesses that cannot meet financial obligations
    Debtors whose liabilities significantly exceed their assets
    People for whom debt review or consolidation has failed

    What Does
    Voluntary Surrender
    Mean?

    Voluntary Surrender is the legal process of voluntarily surrendering your financial estate to declare bankruptcy. It allows individuals to address overwhelming debt by transferring their assets to pay off creditors, ultimately providing a fresh financial start. This process is designed to help those who are factually insolvent—where liabilities exceed assets—regain control over their financial situation.

    Specialised Sequestration Services

    Discover how our tailored sequestration services can address your unique financial challenges with expert guidance and support.

    Expert Guidance

    Receive professional advice on navigating your insolvency. Our experts provide the clarity you need for your financial decisions.

    Read More

    Detailed Financial Analysis

    We conduct thorough analyses to understand your financial landscape. This assessment forms the backbone of our tailored strategies.

    Read More

    Professional Document Preparation

    Receive meticulously prepared legal documents for your insolvency process. We handle all the paperwork for you.

    Read More

    Court Representation

    We represent your interests in court, advocating for the best possible outcomes. Our team stands by you during critical hearings.

    Read More

    Trustee Coordination

    We facilitate communication between you and your trustee, ensuring smooth proceedings. Count on us for support throughout.

    Read More

    Creditors Claims Processing

    We assist with the processing of claims from creditors, protecting your rights and interests. Let us manage your claims effectively.

    Read More

    Post Sequestration Support

    Our team offers an extensive amount of guidance in this journey, financial recovery is both our priority. Rebuilding credit post sequestration can be made easy with us every step of the way. Rehabilitation is the next step to becoming financially future independent.

    Read More

    Voluntary Sequestration
    With or Without Assets

    The Act of Voluntary Surrender

    Voluntary sequestration is the legal process of surrendering your financial estate to declare bankruptcy.

    Without Assets

    Tailored solutions will be created based on your financial situation, provided all requirements are met. We offer interest-free payment plans that adapt to your lifestyle, ensuring all creditors and fees are paid over time.

    Read More

    With Assets

    If payment plans cannot be met, surrendering your assets becomes the next step. This process allows you to regain your life without the burden of debt, enabling you to pay off all creditors and fees and become debt-free.

    Read More

    Why You Should Sequestrate?

    01

    Learn the difference between ‘’needs’’ and ‘’wants’’

    02

    If vehicle instalments are on track, appointed curator may negotiate for a lease agreement

    03

    No need to appear in court yourself

    04

    A confidentiality policy will be kept between your creditors and you- you will not get dismissed from your work

    05

    If vehicle instalments are on track, appointed curator may negotiate for a lease agreement

    06

    Your salary and other income are your own and you will not have to pay your creditors

    Why Choose
    Integrated Financial Wellness?

    We offer extensive legal expertise and in -depth support through your sequestration process maintaining your confidentiality every step of the way, your financial stability is our priority!
    We manage your financial future

    Expert Guidance

    Our team of legal experts is here to provide you with the most comprehensive understanding of the insolvency process, ensuring you make well-informed decisions.

    Confidentiality Guaranteed

    Your privacy is our priority. We handle your case with the utmost discretion, ensuring that your information remains confidential and secure.

    Tailor-Made Financial Plans

    We believe in personalised care, crafting financial strategies that are unique to your situation for optimal relief and recovery.

    Post-Sequestration Support

    Our commitment to your financial health doesn’t end with your sequestration. We provide ongoing support to help you stabilise and rebuild your financial future.

    Sequestration Insights

    Explore Sequestration Insights for expert advice and informative articles on voluntary sequestration.

    Frequently Asked Questions

    Ready to take the next step—with clarity?

    Request a Callback
    Scroll to Top