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Common Law Marriage Prenup Template for South Africa

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Key Requirements PROMPT example:

Common Law Marriage Prenup

"I need a Common Law Marriage Prenup for a South African marriage planned for March 2025, with special provisions for protecting my technology startup company and international investments in the US and UK, while ensuring both parties maintain separate estates."

Document background
This Common Law Marriage Prenup template is essential for couples planning to marry in South Africa who wish to regulate their matrimonial property regime. The document is particularly crucial as South African law stipulates that marriages are automatically in community of property unless a valid prenuptial agreement is registered. The template accommodates various scenarios including business ownership, international assets, and complex financial structures. It must be executed before a Notary Public and registered in the Deeds Registry before the marriage ceremony. The agreement can be customized to address specific needs while ensuring compliance with South African legislation, including the Matrimonial Property Act and Deeds Registries Act. It's especially relevant for high-net-worth individuals, business owners, or those entering second marriages.
Suggested Sections

1. Parties: Full legal names and details of both parties entering into the prenuptial agreement

2. Background: Context of the agreement, including the parties' intention to marry and their choice to exclude community of property

3. Definitions: Key terms used throughout the agreement, including definitions of separate and joint property

4. Matrimonial Property Regime: Declaration of the chosen property regime (typically out of community of property) and exclusion of community of property and profit and loss

5. Separate Property: Provisions regarding property owned by each party before marriage and how it will remain separate

6. Future Acquisitions: Treatment of property acquired after marriage by either party

7. Debts and Liabilities: Handling of pre-existing and future debts and financial obligations

8. Management of Joint Property: Provisions for any property jointly acquired during marriage

9. Death and Inheritance: Provisions regarding inheritance rights and estate planning

10. General Provisions: Standard contractual clauses including governing law, amendments, and entire agreement clause

11. Execution: Signing requirements including witnesses and notarial execution clause

Optional Sections

1. Business Interests: Special provisions for protecting business interests, used when either party owns or may start a business

2. Intellectual Property: Provisions regarding intellectual property rights, used when either party has significant IP assets

3. Foreign Assets: Specific provisions for assets held outside South Africa, used for international couples or those with foreign assets

4. Trust Provisions: Provisions regarding existing or future trusts, used when either party is involved with trust structures

5. Maintenance Obligations: Provisions regarding spousal maintenance, used when parties want to predetermine maintenance obligations

6. Children from Previous Marriages: Provisions protecting inheritance rights of children from previous marriages

7. Religious Requirements: Additional provisions to comply with religious marriage requirements, if applicable

Suggested Schedules

1. Schedule A - Wife's Assets: Detailed inventory of the wife's assets and their values at the time of marriage

2. Schedule B - Husband's Assets: Detailed inventory of the husband's assets and their values at the time of marriage

3. Schedule C - Wife's Liabilities: List of the wife's debts and financial obligations at the time of marriage

4. Schedule D - Husband's Liabilities: List of the husband's debts and financial obligations at the time of marriage

5. Schedule E - Jointly Owned Assets: List of any assets already jointly owned by the parties

6. Appendix 1 - Supporting Documents: Copies of relevant supporting documents such as property titles or business valuations

7. Appendix 2 - Certificates: Required certificates including proof of identity and marital status

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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