Viv Greene Attorneys

Mediation services & antenuptial contracts in Durban North

Explain an antenuptial contract

If you are a resident of South Africa, including Durban North, signing an Ante-Nuptial Contract or (ANC) is always advisable before couples unite in marriage. An ANC is a legal document or contract entered into by the couple before they tie the knot. It will determine what becomes of your assets or possessions in the unfortunate event of death or divorce. This can occur if mediation fails. At Viv Greene Attorneys, we have an upfront, all-inclusive fee. Our rates are among the most competitive in Durban North and we ensure no hidden costs

Married in Community of Property in Durban North

If an Ante-Nuptial Contract is not signed, couples will automatically be married in the Community of Property (COP). In the event of divorce, or if mediation fails, there is a joint estate where everything will be split down the middle. This means that the entire estate is at risk. One’s assets are left with no protection and in-turn, left vulnerable to creditors

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Ante-Nuptial Contract with an Accrual

  • An Ante-Nuptial Contract with an Accrual is where spouses start with an inception value. This will not be shared in the event of death or divorce. However, parties will equally split the increase in their combined estates. The law states this in an extremely complex way. Essentially, the inception values or excluded assets are removed from the combined total of the estates and the remaining value is shared equally between the parties. An ANC with Accrual mimics the sharing benefits of being married in the Community of Property.
  • You have the right to share in the Accrual of the other spouse’s estate in the event of death, divorce or if a court orders otherwise.

What are the costs of an Ante-Nuptial Contract in Durban North?

  • The fee of an Ante-Nuptial Contract includes drafting, all copies, a letter for your minister/priest/marriage officer, registration fees, and of course the consultation fee.
  • Our attorneys comply with social distancing. We are available for consultation with our clients via Zoom or Whatsapp video. We will explain the various options available to you and help you decide on which is best suited to your needs.
  • When both parties are happy, we will finalise the document for you which you can sign on the same day. The document will then get registered in the Deeds office.

Mediation Services

Viv Greene Attorneys are specialists at finding innovative ways to settle issues and resolve matters. To-that-end, our law firm has a team of attorneys who are accredited mediators. Their expertise and qualifications in mediation are first rate.

Mediation is described as being an “intervention in a dispute in order to resolve it.” (Arbitration) It is a proven and compelling dispute resolution strategy that is occasionally misconstrued in Durban North. Mediation can be explained as negotiations that are facilitated by a neutral third party called the mediator. He or she will assist the parties re-establish what provoked or instigated their dispute. For attorneys and their clients, private mediation provides numerable distinct benefits.

Mediation is a swift and cost-efficient method of aiding couples in disagreement, reach an ideal solution. If you are involved in a dispute in Durban North, mediation should be considered as an option.

couple discussing their issues with mediator

Who decides the end result?

The outcome of a dispute is not decided by the mediator. He or she has no authority to impose a settlement. The mediator is merely the conduit for communications between the two sides. The final outcome must be agreed upon and accepted by both parties. They maintain control over how the dispute will be resolved

Who chooses mediation?

  • Mediation with an objective mediator, allows discussions to take place in a neutral location in Durban North or online. Arbitration often accomplishes a great deal more in a single session than numerous weeks of meetings, consultations and exchanging correspondence. Instead of concentrating on the parties legal positions, mediation tends to focus more on their best interests. The team at Viv Greene Attorneys don’t dwell on the different view-points as to how the dispute came about. This allows the parties to concentrate more on reaching an amicable solution. Our mediator will aid the parties in recognising the strengths and weaknesses of their case and discovering the underlying interests that are at the root of their dispute.
  • If both parties have a common motivation to settle the dispute in a reasonable way and timely basis, then there is very little to lose and everything to gain by trying to mediate a resolution.

Other legal contracts online for residents of Durban North

For a valid contractual agreement to take place, there are certain elements that are required. One of these elements is that there must be a consensus or a ‘meeting of the minds’ between the contracting parties. Where a party has entered a contract or otherwise been induced to enter a said contract as a result of false representation by the other party, this amounts to misrepresentation.

These legal contracts are available for purchase online:

Cohabitation Agreement
Domestic Worker Agreement
Power of Attorney
Copyright Assignment Agreement
Lease Agreement – Digs
Rental Agreement – For safe letting
Sale of a Movable Agreement
Various Business contracts

Explain a mediation hearing?

A mediator is selected when both parties involved in a dispute agree on mediation. A mediation hearing is then conducted by the mediator. For your convenience, this can either take place online or in Durban North. During a hearing, both parties may be brought together in order to work on an agreement or a mediator may use shuttle diplomacy. Shuttle diplomacy is a strategy or technique used by a dispute resolution practitioner where she or he goes back and forth between parties with proposals in order to reach an agreement. They will endeavour to reach an agreement without both parties being brought together. If an agreement is reached, the parties will then sign a settlement agreement.

What is a settlement agreement?

When a successful mediation process has taken place, the parties may decide to resolve their dispute. The terms of agreement are listed in a settlement agreement and the written agreement is signed by the parties involved in the dispute. The mediator typically facilitates the agreement but does not sign the agreement. The parties may agree that the agreement be made an order of court.

What happens if mediation fails?

If the disputing parties are unable to reach an agreement, or if the mediation process fails, the mediator will then declare the proceedings unsuccessful. Both parties are then free to pursue other legal solutions or remedies to their dispute, ie. Institute legal proceedings.

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