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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."
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
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
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
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