Viv Greene Attorneys

Mediation services & antenuptial contracts in New Germany

Viv Greene Attorneys is really good at finding inventive ways to resolve matters. Accordingly, we have attorneys who are accredited mediators, whose expertise and qualifications are top notch.

Mediation is basically enhanced negotiation. It is a really powerful dispute resolution strategy which is sometimes misunderstood in New Germany. Mediation can be defined as negotiations which are facilitated by a neutral third party who is called the mediator. He or she will help the parties rediscover what triggered their dispute. Private mediation provides a number of noticeable benefits for attorneys and their clients.

Mediation can facilitate the arrival of disputing couples at an optimum solution using a speedy and cost-effective process. It should always be considered as one of the options in any dispute in New Germany.

Who decides the outcome?

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.

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What is an antenuptial contract

In South Africa, including New Germany, it is advisable for couples to sign an Ante-Nuptial Contract (ANC) before tying the knot. This is a legal document that determines what becomes of your possessions in the unfortunate event of death or divorce, (failing mediation). Our upfront, all-inclusive fee is one of the most competitive in New Germany ensuring no hidden costs.

Married in Community of Property in New Germany

Without an ANC, couples will automatically be married in the Community of Property (COP).

This means there is a joint estate where everything will be split down the middle in the event of divorce, if mediation hasn’t come to the rescue. The entire estate is then left vulnerable to creditors with no protection to one’s assets.

Who chooses mediation

Mediation allows discussions to take place in a neutral place in New Germany or online, with an objective mediator, and often accomplishes a lot more in one session than weeks of meetings and exchanging correspondence. Mediation focuses more on the best interests of the parties, rather than on their legal positions. At Viv Greene Attorneys we don’t dwell on the different view points as to how the dispute arose and the parties are able to concentrate on a solution. The mediator will assist the parties in identifying the strengths and weaknesses of their case and discovering the underlying interests that are at the heart of the dispute.

Provided there is a common motivation to settle the dispute on a reasonable and timely basis, there is very little to lose and everything to gain by trying to mediate a resolution.

 
a couple sitting and discussing issues with a mediator

What does an Ante-nuptial Contract cost in New Germany?

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.

The fee includes drafting, all copies, a letter for your minister/priest/marriage officer, registration fees, and of course the consultation fee.

Ante-Nuptial Contract with an Accrual

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. The law states this in a more convoluted way, but 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.

The right to share in the Accrual of the other spouse’s estate arises in the event of death, divorce or if a court orders otherwise.

Other legal contracts online for residents of New Germany

Certain elements are required in order for a valid contractual agreement to take place. One such element 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



 

 

 

What is a mediation hearing?

Once parties in dispute agree on mediation, they select a mediator. The mediator will then conduct a mediation hearing, either online or in Berea. 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 mediator where s/he 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.

Let’s work together