Private International Law

Private International Law

Whereas public international law regulates the legal relations between nation states; private international law is the branch of our national legal system which regulates legal relations between individuals where there exists a foreign or international element. For example, a husband and wife who are considering a divorce are both Zimbabwean nationals. They got married in Austria and now live permanently in South Africa. Which court will have jurisdiction to preside over such a matter and which country’s laws will govern the patrimonial consequences of their divorce? These issues are answered within the framework of South African private international law.

At C Diedericks Attorneys Inc. we can help you with private international law matters including the following

  • International family related matters such as: validity of marriages, personal and proprietary consequences of marriages, personal consequences of marriages, choice of law in matrimonial actions and advice on the conclusion of ante-nuptial contracts in case of marriages with an international element.
  • Choice of law in cases involving property.
  • The recognition and enforcement of foreign judgements in South Africa.

What is our Process?

1. Initial consultation and taking of instructions

Our firm prefers to meet in person or via Teams Link with our clients to discuss any proposed contract instruction. The aim of this first meeting is to establish the following: 

  1. Your needs and the type of agreement which they would like to have created, negotiated or advised on
  2. The timeframe in which you would like to have the agreement drafted, negotiated and executed
  3. Whether or not any negotiation with other parties will be necessary.

2. First draft and review phase

After our firm attended to the first draft of your contract, we will send you a copy to review and make suggestions in order to make sure that your unique requirements and instructions have been fully addressed and given effect to.

3. Final draft approval and execution

After you have approved our proposed final draft, we will assist you in the signature/execution of the agreement if needed. 

What Will It Cost Me?

As attorneys we do not sell products, but rather our time and knowledge spent on a particular matter. As a result of the many unique features of contract drafting instructions, we are unable to provide set prices each and every type of instruction. Therefore, our firm will provide you with a quotes on a case by case basis after conclusion of our first consultation.