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Prenup Without Accrual Template for South Africa

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Key Requirements PROMPT example:

Prenup Without Accrual

"I need a Prenup Without Accrual agreement for my upcoming marriage in March 2025, with specific provisions to protect my existing tech company and its intellectual property, ensuring my business assets remain entirely separate from the marriage estate."

Document background
This document is essential for couples in South Africa who wish to enter into marriage with complete separation of their estates. A Prenup Without Accrual is particularly relevant for business owners, high-net-worth individuals, or those seeking absolute financial independence within their marriage. The agreement must comply with the Matrimonial Property Act 88 of 1984 and be executed before a Notary Public and registered in the Deeds Office. It typically includes detailed schedules of pre-existing assets and liabilities, provisions for future acquisitions, and clear stipulations about financial independence. This type of prenuptial agreement is commonly used when parties want to maintain complete separation of their estates without any sharing of growth in assets during the marriage, making it distinct from the accrual system option available in South African law.
Suggested Sections

1. Parties: Full legal names and details of both parties entering into the prenuptial agreement

2. Background: Context of the agreement, including intended marriage date and parties' intention to marry

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

4. Interpretation: Rules for interpreting the agreement, including general principles and resolving conflicts

5. Marriage Regime: Express declaration that the marriage will be out of community of property without accrual

6. Separate Estates: Confirmation that each spouse's estate remains separate and details of property ownership principles

7. Financial Independence: Statement of each party's right to conduct their financial affairs independently

8. Debts and Liabilities: Provisions regarding separate responsibility for current and future debts

9. Death and Inheritance: Basic provisions regarding estates in the event of death

10. Legal Costs: Provisions for costs related to drafting and registration of the agreement

11. General Provisions: Standard contractual clauses including governing law, amendments, and severability

Optional Sections

1. Business Interests: Specific provisions for existing or future business ownership and operations - include when either party owns or plans to own a business

2. Intellectual Property: Provisions regarding ownership and rights to intellectual property - include for professionals or creatives

3. Retirement Benefits: Specific provisions regarding pension and retirement benefits - include for parties with substantial retirement savings

4. Foreign Assets: Provisions dealing with foreign property and investments - include when parties have international assets

5. Living Expenses: Agreement on sharing of household expenses - include when parties want to formalize cost-sharing arrangements

6. Children: Provisions regarding financial responsibility for existing children from previous relationships - include when applicable

7. Gifts and Inheritances: Specific provisions for keeping inherited assets separate - include when substantial inheritances are expected

8. Property Development: Provisions for future property development or investments - include for property developers or investors

Suggested Schedules

1. Schedule A - Pre-existing Assets: Detailed list of assets owned by each party prior to marriage

2. Schedule B - Pre-existing Liabilities: Detailed list of debts and liabilities of each party prior to marriage

3. Schedule C - Excluded Assets: List of specific assets to be explicitly excluded from any shared arrangements

4. Schedule D - Business Interests: Detailed description of business interests owned by either party

5. Appendix 1 - Asset Valuations: Independent valuations of significant assets listed in Schedule A

6. Appendix 2 - Supporting Documents: Copies of relevant certificates, title deeds, or other supporting documentation

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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