Antenuptial Contracts and Mediation in KZN
Viv Greene Attorneys is in the business of resolving matters. We therefore have attorneys who are accredited mediators, whose expertise and qualifications ensure success.
Mediation is basically enhanced negotiation and a dispute resolution strategy. Mediation can be defined as negotiations facilitated by a neutral third party, called the mediator, who helps the parties in KZN understand and rediscover what started their dispute in the first place.
Perhaps you might need divorce mediation and one would hope that as a couple an Antenuptial Contract (ANC) was signed, prior to getting married in KwaZul Natal. This is the legal document that determines what becomes of your possessions in the unfortunate event of death or divorce. Hopefully through mediation, it will not be necessary to have another look at the ANC.
Mediation | KZN ante-nuptial contracts
Control in mediation; the parties maintain control over how the dispute will be resolved. A mediator has no authority to impose a settlement. The parties must agree on the final outcome. In the event the mediation results in a parting of ways, the Antenuptial Contract will help settle financial issues.
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What is a mediator
A mediator, such as Viv Greene Attorneys, is a neutral third party who is selected by parties in dispute to help settle issues. The parties should mutually select the mediator. A mediator does not need to be a lawyer but is often an expert in the field the parties are disputing.
Who should consider mediation in KZN?
Mediation is appropriate when the parties are prepared to come to a compromise and are keen to reach a mutually satisfactory agreement with the help of a neutral person, or where they plan to continue their relationship after their dispute has been resolved.
Married in Community of Property
Hopefully you don’t ever reach a situation where mediation is necessary, however it is always good to plan ahead. In this respect, the ante-nuptial contract is a necessity.
A straight Ante-Nuptial Contract means that parties maintain separate estates from the start, during and at the end of the marriage. Any increase or fall in the estate, either parties would not benefit from the estate. This ANC is better for couples who marry more than once or who get married later in life.
An Ante-Nuptial Contract with an Accrual is where spouses start with an inception value, which will not be shared in the event of death or divorce, however, parties will equally split the increase in their combined estates.
In the event of possible divorce, settling the dispute in a reasonable and timely basis, means that there is much to be gained by trying to mediate a resolution.
What does an antenuptial contract cost in KZN
The fee includes drafting, all copies, a letter for your minister/priest/marriage officer, registration fees, and of course the consultation fee.
To comply with social distancing, we are available for consultation with you via Zoom or Whatsapp video. We will explain the various options available to you and help you decide on which is suited to your needs.
Once you are both happy, we will finalise the document for you to sign on the same day. The document will then get registered in the Deeds office.
The most important thing is that you sign before you get married. Let Viv Greene Attorneys draw up your Ante-Nuptial Contract.
Other contracts that we do at Viv Greene Attorneys are
Acknowledgement Of Debt
Employment Contract
Non-disclosure of Confidential Information Clause
Preliminary Offer to Purchase
Sale of Business – for all businesses
Share Holders Agreement
What is a mediation hearing?
Once parties in dispute in KwaZulu Natal agree on mediation, they select a mediator. The mediator will then conduct a mediation hearing. 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 technique used by a KZN mediator where she goes back and forth between parties with proposals in order to reach an agreement. If an agreement is made, the parties will sign a settlement agreement.
What is a settlement agreement?
As a result of the mediation process 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 in dispute. Typically, the mediator facilitates the agreement but does not sign the agreement. The parties may agree that the agreement be made an order of court.
What if mediation fails?
If the mediation process fails and the disputing parties are not able to reach an agreement, the mediator declares the proceedings unsuccessful and the parties are free to pursue other legal remedies to their dispute, ie. Institute legal proceedings.
This is where it would have been prudent to have your Ante-nuptial contract in order