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Prenup For Second Marriage Template for South Africa

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Key Requirements PROMPT example:

Prenup For Second Marriage

"I need a Prenup For Second Marriage to protect my established business interests and provide clear inheritance provisions for my children from my previous marriage, with the wedding planned for March 2025 in Cape Town."

Document background
A Prenup For Second Marriage is a specialized legal document essential for individuals in South Africa who are entering into a subsequent marriage. This document becomes particularly crucial as it must address more complex scenarios than first-marriage prenups, including existing assets, previous divorce settlements, maintenance obligations, and children from prior marriages. The agreement must comply with South African matrimonial law, particularly the Matrimonial Property Act 88 of 1984, and requires proper execution before a notary public and registration in the Deeds Office within three months of the marriage. It typically establishes a marriage out of community of property and contains specific provisions protecting pre-acquired assets, business interests, and inheritance rights. The document serves as a crucial tool for asset protection and financial planning, especially given the complexities that often accompany second marriages in the South African legal context.
Suggested Sections

1. Parties: Full details of both parties, including their current marital status and previous marriages

2. Background: Context of the relationship, intention to marry, and acknowledgment of previous marriages

3. Definitions: Key terms used throughout the agreement, including specific definitions related to assets, property, and obligations

4. Matrimonial Property Regime: Clear statement of the chosen property regime (usually out of community of property) and its implications

5. Separate Assets: Detailed provisions regarding assets owned by each party prior to the marriage and their treatment

6. Financial Obligations: Management of existing and future financial obligations, including those from previous marriages

7. Maintenance Obligations: Provisions regarding maintenance during marriage and in event of dissolution

8. Death of a Spouse: Provisions regarding inheritance rights and asset distribution upon death

9. Dissolution of Marriage: Terms governing the division of assets and responsibilities in case of divorce

10. General Provisions: Standard clauses including governing law, amendment procedures, and severability

Optional Sections

1. Children from Previous Marriages: Provisions regarding financial responsibilities and inheritance rights for children from previous marriages

2. Business Interests: Special provisions for protecting existing business interests of either party

3. Retirement Benefits: Treatment of existing retirement benefits and pension funds from previous employment or marriages

4. Foreign Assets: Special provisions for assets held in other countries

5. Debt Protection: Specific provisions protecting each party from the other's pre-existing debts

6. Living Arrangements: Provisions regarding shared or separate residences, especially relevant if either party owns their current home

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

Suggested Schedules

1. Schedule A - Asset Register: Detailed list of assets owned by each party prior to marriage, including values and supporting documentation

2. Schedule B - Liability Register: List of existing debts and financial obligations of each party, including those from previous marriages

3. Schedule C - Previous Marriage Documentation: Copies of divorce orders or death certificates from previous marriages

4. Schedule D - Business Valuations: Independent valuations of any business interests owned by either party

5. Schedule E - Maintenance Obligations: Details of existing maintenance obligations from previous marriages

6. Appendix 1 - Certificates and Declarations: Required certificates including legal advice certificates and declarations of understanding

7. Appendix 2 - Supporting Documents: Additional supporting documentation including property valuations, pension statements, etc.

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

Relevant legal definitions










































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Relevant Industries

Legal Services

Financial Services

Wealth Management

Estate Planning

Family Law

Private Banking

Insurance

Property Management

Relevant Teams

Legal

Wealth Management

Estate Planning

Private Banking

Family Law

Conveyancing

Financial Advisory

Trust Administration

Relevant Roles

Family Law Attorney

Notary Public

Estate Planning Attorney

Wealth Manager

Financial Advisor

Private Banker

Marriage Officer

Legal Consultant

Estate Administrator

Property Lawyer

Divorce Attorney

Trust Administrator

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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