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Antenuptial Agreement After Marriage

Antenuptial Agreement After Marriage Template for South Africa

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Key Requirements PROMPT example:

Antenuptial Agreement After Marriage

"I need an Antenuptial Agreement After Marriage for a couple married in community of property who want to change to out of community of property by March 2025, as one spouse is starting a new business and they want to protect their separate estates."

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Document background
The Antenuptial Agreement After Marriage is a crucial legal instrument in South African family law, used when married couples wish to change their matrimonial property regime after their marriage has already taken place. This type of agreement is governed by Section 21 of the Matrimonial Property Act 88 of 1984 and requires High Court approval to be valid. The document is necessary when couples wish to transition between different matrimonial property systems (such as from in community of property to out of community of property, or to adopt the accrual system). It must include comprehensive details about both spouses' assets and liabilities, protect creditors' rights, and provide sound reasons for the proposed change. The agreement requires careful drafting as it must satisfy both judicial scrutiny and Deeds Registry requirements for registration.
Suggested Sections

1. Parties: Full details of both spouses, including their identity numbers, current matrimonial status, and date of marriage

2. Background: Details of the existing marriage, current matrimonial property regime, and reasons for seeking the change

3. Definitions: Key terms used in the agreement, including 'separate property', 'joint property', and other relevant definitions

4. Application to Court: Formal declaration of the parties' intention to apply to court for permission to change their matrimonial property regime

5. Current Matrimonial Property Regime: Detailed description of the current property regime and its effects

6. Proposed New Regime: Comprehensive outline of the proposed new matrimonial property system

7. Division of Assets: Detailed listing of how existing assets will be divided or treated under the new regime

8. Creditors' Rights: Provisions protecting the rights of existing creditors as required by law

9. Costs: Allocation of costs for the agreement, court application, and registration

10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and amendment procedures

Optional Sections

1. Accrual System: Required only if the parties are adopting the accrual system, detailing the starting values and calculation method

2. Business Interests: Required when either party owns business interests that need special treatment

3. Foreign Assets: Needed when parties own assets in other countries that require special consideration

4. Trust Interests: Required when either party has interests in trusts that need to be addressed

5. Inheritance Provisions: Optional section dealing with future inheritances and their treatment

6. Life Insurance: Optional section dealing with existing and future life insurance policies

Suggested Schedules

1. Schedule A - Asset Register: Comprehensive list of all assets owned by both parties at the date of the agreement

2. Schedule B - Liability Register: List of all liabilities and creditors of both parties

3. Schedule C - Commencement Values: Starting values of estates if accrual system is being adopted

4. Appendix 1 - Supporting Documents: Copies of marriage certificate, ID documents, and other relevant documentation

5. Appendix 2 - Financial Statements: Current financial statements of both parties

6. Appendix 3 - Creditor Notifications: Copies of notices sent to known creditors regarding the proposed change

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Clauses
Parties and Interpretation
Recitals
Definitions
Current Property Regime
Change of Property Regime
Asset Division
Accrual Provisions
Creditor Protection
Property Management
Separate Property
Joint Property
Business Interests
Inheritance Rights
Financial Disclosure
Court Application
Registration Requirements
Costs and Expenses
Warranties and Representations
Dispute Resolution
Governing Law
Severability
Amendment
Entire Agreement
Notices
Further Assurance
Force Majeure
Counterparts
Signature
Relevant Industries

Legal Services

Financial Services

Real Estate

Banking

Insurance

Wealth Management

Professional Services

Public Sector

Relevant Teams

Legal

Conveyancing

Matrimonial Law

Document Processing

Client Advisory

Wealth Planning

Property Registration

Court Services

Compliance

Relevant Roles

Attorney

Notary Public

Legal Counsel

Family Law Specialist

Conveyancer

Financial Advisor

Wealth Manager

Estate Planner

Marriage Officer

Deeds Registry Officer

Court Registrar

Legal Document Specialist

Property Law Specialist

Industries
Matrimonial Property Act 88 of 1984: This is the primary legislation governing matrimonial property regimes in South Africa. It provides the framework for antenuptial contracts and the requirements for changing matrimonial property regimes after marriage.
Marriage Act 25 of 1961: This Act sets out the basic legal requirements for valid marriages in South Africa and provides context for matrimonial property arrangements.
Deeds Registries Act 47 of 1937: This Act governs the registration of postnuptial contracts and sets out the formal requirements for their execution and registration.
Insolvency Act 24 of 1936: Important for considering the rights of creditors when changing matrimonial property regimes after marriage, particularly regarding the protection of existing creditors' rights.
Constitution of the Republic of South Africa, 1996: The supreme law that ensures equality between spouses and protection of property rights, which must be considered in drafting postnuptial agreements.
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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