Can you review a contract I have been given?
Yes - and preferably before you sign it, not after. Bring it to a consultation and we go through it clause by clause: what you are actually agreeing to, what happens if things go wrong, what is missing, and what should be pushed back on. A contract is at its most negotiable in the hour before signature and at its least negotiable the hour after.
Is a signed contract always enforceable?
The starting point cuts against the person asking: our law holds you to what you sign, whether or not you read it. That is precisely why we would rather see the contract before your signature goes on it.
But no - signed is not always enforceable. A contract fails despite signature where the law prescribes formalities that were not met, where a party lacked capacity, where consent was obtained by misrepresentation, duress or undue influence, or where the bargain itself is unlawful. Legislation adds its own layer: consumer-protection and credit legislation can render particular terms unenforceable however plainly they were signed. Whether any of this helps you turns on the document and the facts - which is what the review is for.
Do we need witnesses?
For most contracts, no - witnesses are not what makes an agreement binding. Their value is proof: a witnessed signature is harder to deny later, which is why well-drafted agreements still provide for them.
The great exception is a will, where witnessing is not a nicety but a validity requirement - the Wills Act requires signature in the presence of two or more competent witnesses, present at the same time, who themselves sign. Wills that fail this fail entirely, and rescuing one through the courts is expensive and uncertain. An antenuptial contract likewise has formalities of its own: it must be notarially executed and registered.
Can a verbal agreement stand?
Usually, yes. Our law does not require most contracts to be in writing - a verbal agreement is as binding as a written one. The difficulty is never validity; it is proof. When the relationship sours, the two of you will remember different conversations, and the party who cannot prove the terms loses.
Some agreements are the exception and must be written to exist at all. A sale of land is of no force or effect unless it is contained in a deed of alienation signed by the parties. A suretyship is invalid unless its terms are embodied in a written document signed by the surety. Get those wrong and there is nothing to enforce. For everything else the writing is not the law's requirement but ours: paper is cheap, and litigation about half-remembered conversations is not.
What does it cost to have a contract drafted?
A fee estimate is given at the first consultation, because no one price fits all - a simple acknowledgement of debt and a shareholders' agreement are different animals. What we will not do is start drafting before you know what it will cost.
How long does it take?
Matter dependent - from a day to a week, once we have what we need from you. A straightforward agreement moves fast; one with several parties or unusual terms takes longer. If there is a genuine deadline, say so at the consultation and we plan around it.
Do I have to come to your offices?
We would prefer it. A great deal is lost over email, and these are matters where sitting across a desk from one another makes a real difference. Where the distance genuinely makes that impractical, we consult by video call instead.
Can you advise me by email or WhatsApp?
No. We advise in consultation. A message is the right way to arrange an appointment, but not the right way to receive advice on something this consequential.
What should I bring to the consultation?
Any draft or previous agreement, correspondence setting out what was agreed, and details of the other party. If you have nothing, come anyway - it is better to start the conversation than to wait until the file is tidy.
How do I make an appointment?
Telephone 087 133 3595, or send the short form on this site. We will contact you to arrange a date and time.
