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Prenuptial Agreement For Unmarried Couples

Prenuptial Agreement For Unmarried Couples Template for South Africa

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Key Requirements PROMPT example:

Prenuptial Agreement For Unmarried Couples

"I need a Prenuptial Agreement For Unmarried Couples that protects my existing business assets and intellectual property rights, while establishing clear terms for shared living expenses and joint property acquisition during our cohabitation starting March 2025."

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Document background
The Prenuptial Agreement For Unmarried Couples is essential in South Africa where unmarried cohabiting partners lack the automatic legal protections afforded to married couples. This document becomes particularly crucial as more couples choose cohabitation over traditional marriage, requiring formal documentation of their rights and responsibilities. It should be used when unmarried partners plan to live together or are already cohabiting and wish to establish clear legal frameworks for their relationship. The agreement typically covers property division, financial obligations, debt management, and potential separation arrangements. Under South African law, while there's no specific legislation governing unmarried couples' rights, this agreement serves as a binding contract when properly executed, providing legal certainty and protection for both parties.
Suggested Sections

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

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

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

4. Duration of Agreement: When the agreement becomes effective and under what circumstances it may terminate

5. Financial Disclosure: Declaration of each party's assets, liabilities, and financial position at the time of agreement

6. Property Rights: Definition and agreement on separate and joint property ownership

7. Financial Arrangements: Agreement on handling of day-to-day finances, joint accounts, and expenses

8. Debt Management: How existing and future debts will be handled and allocated

9. Dispute Resolution: Process for resolving any disputes that may arise under the agreement

10. Termination: Circumstances and process for terminating the agreement

11. Governing Law: Confirmation that South African law governs the agreement

12. General Provisions: Standard contractual clauses including severability, entire agreement, and amendments

Optional Sections

1. Children and Dependants: Provisions for existing or future children, including financial responsibilities - include when parties have or plan to have children

2. Business Interests: Protection and management of business assets and interests - include when either party owns a business

3. Inheritance Rights: Specific provisions regarding inheritance - include when parties wish to address inheritance matters

4. Medical and Insurance: Arrangements for medical aid and insurance policies - include when parties share medical benefits

5. Intellectual Property: Protection of intellectual property rights - include when either party has significant IP assets

6. Maintenance Obligations: Provisions for maintenance after separation - include when parties agree to post-separation support

7. Religious Requirements: Specific religious obligations or considerations - include when parties have religious requirements

8. Foreign Assets: Management of international assets and jurisdictional issues - include when parties have overseas assets

Suggested Schedules

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

2. Schedule B - Liability Register: Detailed list of each party's liabilities at the time of agreement

3. Schedule C - Income Declaration: Current income details of both parties

4. Schedule D - Property Inventory: Detailed inventory of joint household property

5. Schedule E - Business Assets: Details of business interests and assets if applicable

6. Appendix 1 - Financial Statements: Recent financial statements or proof of assets

7. Appendix 2 - Property Valuations: Independent valuations of significant assets

8. Appendix 3 - Certificates: Relevant certificates of ownership or title deeds

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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Attorney

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Financial Advisor

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