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Prenup For Unmarried Couples

Prenup For Unmarried Couples Template for South Africa

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Key Requirements PROMPT example:

Prenup For Unmarried Couples

"I need a Prenup For Unmarried Couples that protects my growing tech startup and future investments, while my partner and I plan to move in together in March 2025; the agreement should particularly focus on intellectual property rights and keeping business assets separate."

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Document background
The Prenup For Unmarried Couples, also known as a Cohabitation Agreement, is essential in South Africa where unmarried couples lack the automatic legal protections provided by marriage laws. This document should be used when couples plan to live together or are already cohabiting but choose not to marry. It includes provisions for property division, financial responsibilities, maintenance obligations, and dispute resolution mechanisms. The agreement must comply with South African contract law principles and constitutional requirements, while being tailored to the specific needs of the cohabiting partners. It's particularly important given that South Africa currently lacks comprehensive legislation specifically governing domestic partnerships, making this contract a crucial tool for establishing clear legal rights and obligations between unmarried partners.
Suggested Sections

1. Parties: Identification and details of both partners entering into the agreement

2. Background: Context of the relationship and purpose of entering into this agreement

3. Definitions: Key terms used throughout the agreement

4. Duration and Nature of Relationship: Establishment of when the cohabitation began/will begin and acknowledgment of the nature of the relationship

5. Financial Arrangements: Details of how routine financial matters will be handled, including expenses, bank accounts, and debt obligations

6. Property Rights: Declaration of separate property and how jointly acquired property will be handled

7. Maintenance During Cohabitation: Agreement on financial support and living expenses during the relationship

8. Termination Provisions: Circumstances and procedures for ending the agreement and relationship

9. Dispute Resolution: Process for resolving disagreements between the parties

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

Optional Sections

1. Children and Parenting: Provisions regarding existing or future children, including financial responsibility and parenting arrangements

2. Business Interests: Provisions dealing with shared business interests or protection of individual business assets

3. Inheritance Rights: Specific provisions regarding inheritance rights and estate planning

4. Pets and Animals: Arrangements for pet ownership and care during and after the relationship

5. Medical Decision-Making: Authority for medical decisions in case of incapacity

6. Intellectual Property Rights: Protection of individual intellectual property created before or during the relationship

7. Religious or Cultural Obligations: Specific provisions related to religious or cultural practices and obligations

8. International Assets: Provisions dealing with overseas property or investments

Suggested Schedules

1. Schedule A - Asset Register: Detailed list of each party's assets and their values at the time of agreement

2. Schedule B - Liability Register: List of each party's debts and financial obligations

3. Schedule C - Shared Property Inventory: List of jointly owned property and agreed division in case of separation

4. Schedule D - Financial Disclosure: Detailed financial statements from both parties

5. Schedule E - Specific Arrangements: Any specific arrangements agreed between the parties that require detailed explanation

6. Appendix 1 - Certificates of Independent Legal Advice: Confirmation that each party received independent legal advice

7. Appendix 2 - Supporting Documents: Copies of relevant documents referenced in the agreement

Authors

Alex Denne

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

alex.den.21@genieai.co
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