Civil Wedding Prenup Template for South Africa

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Key Requirements PROMPT example:

Civil Wedding Prenup

"I need a Civil Wedding Prenup that establishes an out of community of property regime with accrual, specifically protecting my existing business interests and overseas properties, for my marriage planned for March 2025."

Document background
A Civil Wedding Prenup is a crucial legal document in South African family law, required when parties wish to marry out of community of property. Without this agreement, marriages in South Africa automatically default to in community of property. The document must be executed before a Notary Public prior to the marriage ceremony and registered at the Deeds Office within three months. It outlines the chosen matrimonial property regime, typically out of community of property (with or without accrual), details how assets and liabilities are to be managed during marriage, and stipulates the division of property in case of divorce or death. The agreement is governed by the Matrimonial Property Act 88 of 1984 and must comply with various other pieces of legislation including the Marriage Act 25 of 1961 and the Deeds Registries Act 47 of 1937.
Suggested Sections

1. Parties: Full details of both parties entering into the marriage, including full names, identity numbers, current addresses, and occupations

2. Background: Brief context about the parties' intention to marry and their desire to regulate their matrimonial property regime

3. Definitions: Definitions of key terms used throughout the agreement, including 'separate property', 'joint property', 'accrual', etc.

4. Matrimonial Property Regime: Declaration of the chosen property regime (typically out of community of property) and exclusion of community of property and profit and loss

5. Separate Property: Detailed provisions regarding property that will remain separate and how it will be managed

6. Future Acquisitions: Provisions regarding how property acquired after marriage will be treated

7. Debts and Liabilities: Treatment of pre-marital and post-marital debts and liabilities

8. Financial Arrangements: Provisions regarding day-to-day financial responsibilities and management of joint expenses

9. Death and Inheritance: Provisions regarding property rights upon death of either spouse

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

Optional Sections

1. Accrual System: Required if the parties choose to include the accrual system, detailing initial values and calculation methods

2. Business Interests: Required if either party owns a business, detailing how business assets and income will be treated

3. Retirement Benefits: Optional section dealing specifically with pension funds, retirement annuities, and other retirement benefits

4. Children: Required if there are children from previous relationships, addressing inheritance rights and financial responsibilities

5. Foreign Assets: Required if either party owns assets in other countries, addressing international property rights

6. Maintenance: Optional section dealing with spousal maintenance in case of divorce

Suggested Schedules

1. Schedule A - Separate Property of First Party: Detailed list and values of all assets owned by the first party prior to marriage

2. Schedule B - Separate Property of Second Party: Detailed list and values of all assets owned by the second party prior to marriage

3. Schedule C - Joint Property: List of any property agreed to be held jointly despite the out of community of property regime

4. Schedule D - Excluded Items: List of specific items excluded from the accrual calculation (if applicable)

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

6. Appendix 2 - Certificates of Title: Copies of title deeds, share certificates, and other proof of ownership documents

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

Relevant Industries

Legal Services

Financial Services

Real Estate

Wealth Management

Insurance

Professional Services

Private Banking

Family Office Services

Relevant Teams

Legal

Wealth Management

Private Banking

Estate Planning

Document Processing

Notarial Services

Family Law

Conveyancing

Relevant Roles

Lawyer

Notary Public

Legal Advisor

Family Law Attorney

Conveyancer

Wealth Manager

Financial Advisor

Estate Planner

Private Banker

Family Office Manager

Legal Document Specialist

Marriage Officer

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