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Divorce With Antenuptial Contract Template for South Africa

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Key Requirements PROMPT example:

Divorce With Antenuptial Contract

"I need a Divorce With Antenuptial Contract document for a South African divorce where I own multiple business interests, and I want to ensure my pre-existing antenuptial contract's provisions regarding business asset protection are properly maintained in the settlement."

Document background
A Divorce With Antenuptial Contract is a specialized legal document used in South African divorce proceedings where the married parties previously entered into an antenuptial contract. This document is essential when spouses who married out of community of property seek to dissolve their marriage while respecting the terms of their original antenuptial agreement. It becomes necessary when either party initiates divorce proceedings and must be drafted in compliance with South African legislation, including the Divorce Act 70 of 1979 and the Matrimonial Property Act 88 of 1984. The document typically includes detailed provisions for asset division, financial arrangements, and other settlement terms, all while taking into account the existing antenuptial contract's stipulations. It's particularly important in high-net-worth divorces or cases involving complex asset structures, and may require input from various professionals including attorneys, financial advisors, and valuators.
Suggested Sections

1. Parties: Full details and domicilium citandi et executandi of both parties

2. Background: Details of the marriage, including date and place of marriage, and reference to the existing antenuptial contract

3. Definitions: Definition of key terms used throughout the agreement

4. Acknowledgment of Irretrievable Breakdown: Formal acknowledgment that the marriage has irretrievably broken down

5. Recognition of Antenuptial Contract: Acknowledgment of the existing antenuptial contract and its continued validity

6. Division of Assets: Details of how assets will be divided, taking into account the provisions of the antenuptial contract

7. Financial Arrangements: Details of any financial settlements, maintenance arrangements, or periodic payments

8. Legal Costs: Agreement on how the legal costs of the divorce will be handled

9. General Provisions: Standard legal clauses including entire agreement, amendments, and governing law

10. Signatures: Space for parties and witnesses to sign the agreement

Optional Sections

1. Children of the Marriage: Required if there are minor children - details custody, access, maintenance, and education arrangements

2. Pension Interest: Required if either party has pension interests to be divided

3. Business Interests: Required if either party owns business interests that need to be addressed

4. Spousal Maintenance: Required if ongoing maintenance will be paid by either party

5. Medical Aid: Required if there are arrangements regarding medical aid coverage

6. Insurance Policies: Required if there are life insurance or other policies to be addressed

7. Restraint of Trade: Required if there are business interests with restraint provisions

8. Overseas Assets: Required if there are international assets to be divided

Suggested Schedules

1. Schedule A - Antenuptial Contract: Copy of the original antenuptial contract

2. Schedule B - Asset Register: Comprehensive list of all assets owned by both parties

3. Schedule C - Liability Register: List of all debts and liabilities of both parties

4. Schedule D - Personal Effects Distribution: Detailed list of how personal items will be divided

5. Schedule E - Pension Interest Calculations: Details of pension interest calculations if applicable

6. Appendix 1 - Children's Arrangements: Detailed parenting plan if children are involved

7. Appendix 2 - Financial Statements: Recent financial statements of both parties

8. Appendix 3 - Property Valuations: Professional valuations of major assets if relevant

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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