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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."
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
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
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
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