Return to the our team page.
A Pietermaritzburg girl born and bred, Whyona Sithapersad heads the Family Law Department at J Leslie Smith & Company Inc. She has always been a good student. Education came first and everything else came after. The type of person who would never be asked to study. Throughout her life she has always been one of those people who identifies what needs to be done and quietly goes about doing it. Whyona has always believed that education is the most important thing in her life and coming from a large family filled with teachers and school principals, it would be fair to describe education as part of the culture within which she was raised. She attended the University of Natal (Pietermaritzburg) where she obtained an LLB degree. She was admitted as an attorney and has several years of practice behind her.
To get to know her a little better we caught up with her as she was streaming through her busy day and asked her a few questions.
Why did you choose law as a profession?
When I was in grade 8 I knew that I wanted to be a lawyer. It almost seemed to be a calling and that became the spark of my drive and passion. I enjoy it and I am very happy with my choice. I still have such a drive and passion for the law that I don’t see myself doing anything else.
What makes law so special is that it is an empowering field. I empower myself with the law of the country and empower my clients with the knowledge of their rights. In Family Law you help heal and empower people. That is what makes legal practice quite satisfying to me.
Why did you choose Family Law?
It is the helping and healing aspect most felt in the practise of Family law that makes this field of practice more gratifying to me as opposed to the other commercial areas of law. As is the case with all areas of law, your duty is to ensure the best possible outcome for your clients.
It is interesting that you mention the ‘healing’ aspect of Family Law, what is the practice of Family Law really like?
Family Law requires a personal relationship with your client. You really need to be attentive and available to your client at all times. Wherever possible I try to spread civility in an often emotionally charged area of law. If possible, I try to reach early and satisfactory settlements saving the client what would otherwise turn out to be long, painful, and expensive years.
What do you think clients should know about Family Law?
There is a great amount of vital information which clients should know about the field of Family Law. Broadly speaking, I would say that clients need to know that the laws which affect the family environment have dramatically changed over the recent years.
Children and unmarried fathers have more rights than they were entitled to in the past. Access to courts is more widely available to clients especially with the introduction of the Children’s Court which has the jurisdiction to entertain a wide area of child related matters. There is great emphasis in our law compelling parties to act in the best interest of the child.
Regarding maintenance, parents need to know that every child must be maintained by both parents (within their respective means off course) irrespective of whether the parents are in a relationship with each other or not. Parents should also know that the fact that a party isn’t paying maintenance does not mean that the defaulting parent loses their right to contact with the child. While a parent has a right to contact with their child, they also have a responsibility to pay maintenance.
What are your thoughts on divorce?
Marriages can often be salvaged. There have been numerous clients who have consulted with me and to whom I have strongly recommend some form of counselling. Upon completion of the counselling they decide not to get divorced. Having said that, clients should also know that when they are satisfied that the relationship is truly over and is not working for them, or has become abusive, they are entitled to end that relationship through divorce. These clients must be empowered by knowing their rights and what laws govern their marital regime. Where there is a child involved, the best interests of the child must be upheld at all times.
What do you do in your free time outside practising law?
I have a very family oriented life style and enjoy spending time with my family whenever I get the chance to. I also enjoy reading, movies and exercise.