Negotiations & Contracts

For Peace of Mind (POM), writing, understanding, and negotiating contracts is considered an art form. The goal is to bridge the gap between individuals and the law by creating your own rules and drafting simple, straightforward agreements based on common sense.

The KISS Principle

POM operates on the KISS principle: Keep It Sweet and Short. The philosophy is that the longer a contract is, the more inconsistencies it likely contains. Their expertise lies in interpreting and setting up contracts that accurately capture what parties “really want,” including addressing potential “what-if” scenarios.

Critical Advice for Signatories

The most vital advice offered is to never sign or agree to anything until you fully understand how the terms may work for or against you. Contracts rarely say exactly what you think they do upon first glance, as there is often “more to it than meets the good reader’s eye”.

Contracts

Key Areas of Support

POM provides guidance across several specific types of agreements:

Marital and Life Contracts: Even when “love is in the air,” a down-to-earth contract is necessary because people and relationships change. POM helps couples choose between regimes such as In Community of Property, Out of Community of Property, or With Accrual to save money and prevent conflict later.

Business Partnerships: Partnerships rely on being “on the same page” of a contract, whether written or unwritten. POM assists in putting down essentials—such as decision-making, profit distribution, and communication rules—to protect the business when circumstances shift.

Property Transactions: In real estate, contracts can often be complicated or “questionable”. POM helps buyers protect themselves by drafting personalised conditions.

Insurance Policies: Many policies contain “incomprehensible wording“. POM helps clients understand their actual cover and navigate the one-sided changes insurers often make to terms and conditions.

Living Wills: POM assists in drafting personal living wills that include specific desires regarding medical care and “suffering,” rather than relying on generic internet templates.

Negotiation

The Art of the Deal

POM views negotiation as an “art” that applies to everything from property deals to business partnerships.

Contracts (The KISS Principle): Negotiation involves “grilling” clients in a friendly way to understand what they truly want and addressing “what-if” scenarios upfront. This ensures all parties are literally “on the same page” of an agreement.

Reaching Compromise: The goal is to reach the “best compromise” so that individuals can move on with their lives in a pleasant way rather than being stuck in a “double negative” of anger and disappointment.

Balanced Representation: In high-stakes negotiations like property buying, POM provides representation to balance the equation, as estate agents typically represent the seller’s interests.

Professional Guidance

POM’s team includes Bas van Kampen, a specialist in contracting and liability, and Bronwyn Boyd, who emphasizes the importance of understanding the power and consequences of one’s signature. Together they can assist you to create contracts based on your own rules and drafting simple, straightforward agreements based on common sense.

Should I sign a contract if I’m not 100% sure about the terms?

No. The most vital advice is to never sign or agree to anything until you fully understand how the terms work for or against you. Contracts rarely mean exactly what you think they do at first glance; there is often “more to it than meets the good reader’s eye”.

What are the different options for a marriage or life partner contract?

There are three common regimes:
In community of property: Assets and liabilities are shared.
Out of community of property: Assets remain separate.
With accrual: Assets owned before the marriage remain separate, but the growth in value during the marriage is shared.

Can a marital regime be changed after we are already married?

Yes. You can change your marital regime later on. While it may take effort, it is far better to address these changes in goodwill rather than waiting for a period of conflict.

Why does my business need a written partnership agreement?

Partnerships rely on everyone being “on the same page”. A written agreement provides a necessary fallback for when circumstances change, defining essentials like decision-making, profit distribution, and communication rules.

What if my situation requires a court appearance?

POM works with associated attorneys in Stellenbosch and Cape Town. They will help you prepare the legal work and brief the specialist attorneys, which saves you time and money while furthering the outcome of your case.

Not sure where you fit in?

That’s fine. The first conversation is free, and we’ll tell you honestly whether we can help.

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