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Prenuptial Postnuptial Agreement Template for South Africa

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Key Requirements PROMPT example:

Prenuptial Postnuptial Agreement

"I need a Prenuptial Agreement drafted under South African law to protect my technology startup and international investments before my marriage in March 2025, with specific provisions for intellectual property rights and future company expansion."

Document background
A Prenuptial Postnuptial Agreement is a crucial legal document in South African family law that allows couples to define their matrimonial property regime either before or after marriage. It is particularly important in South Africa where the default matrimonial regime is in community of property, and couples often wish to opt out of this arrangement. The agreement must comply with the Matrimonial Property Act 88 of 1984 and requires notarial execution and registration in the Deeds Office. It typically includes detailed provisions about asset ownership, financial responsibilities, inheritance rights, and business interests. This type of agreement is especially relevant for individuals with significant assets, business ownership, or those entering second marriages. The document can be used either before marriage (prenuptial) or after marriage (postnuptial), though postnuptial agreements require court approval.
Suggested Sections

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

2. Background: Context of the agreement, including intention to marry or current marriage status

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

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

5. Matrimonial Property Regime: Declaration of the chosen property regime (out of community of property)

6. Separate Property: Provisions regarding property owned separately by each spouse

7. Financial Arrangements: General financial obligations and arrangements between the parties

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

9. Dissolution of Marriage: Arrangements in case of divorce or marriage dissolution

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

11. Signing Requirements: Execution requirements and notarial details

Optional Sections

1. Business Interests: Specific provisions for handling business ownership and interests, used when either party owns a business

2. Intellectual Property: Provisions regarding intellectual property rights, used when either party has significant IP assets

3. International Assets: Specific provisions for foreign-held assets, used when parties have international property

4. Child Support and Maintenance: Provisions regarding existing children's maintenance, used when parties have children from previous relationships

5. Pension and Retirement Benefits: Specific arrangements for pension and retirement benefits, used when significant retirement assets exist

6. Debt Protection: Provisions protecting against spouse's debts, used when debt protection is a specific concern

7. Religious Requirements: Specific religious obligations or requirements, used when parties wish to incorporate religious elements

Suggested Schedules

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

2. Schedule B - Liabilities: List of pre-existing debts and liabilities of each party

3. Schedule C - Business Assets: Detailed description of business interests and their agreed treatment

4. Schedule D - Inherited Assets: List of inherited assets and their agreed treatment

5. Schedule E - Excluded Assets: List of assets specifically excluded from the agreement

6. Appendix 1 - Financial Statements: Current financial statements of both parties

7. Appendix 2 - Independent Legal Advice: Certificates of independent legal advice received by each party

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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