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Infidelity Prenup

Infidelity Prenup Template for South Africa

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Key Requirements PROMPT example:

Infidelity Prenup

"I need an Infidelity Prenup for my upcoming marriage in March 2025 that specifically protects my business interests and includes strict financial penalties for infidelity, with detailed provisions for proving misconduct and protecting my company shares."

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Document background
An Infidelity Prenup is a specialized prenuptial agreement used in South Africa when parties wish to include specific provisions regarding infidelity in their matrimonial contract. This document is particularly relevant for couples seeking to establish clear financial consequences for infidelity while ensuring their marriage is out of community of property. It must comply with the Matrimonial Property Act 88 of 1984 and be registered in the Deeds Office within three months of execution. The agreement typically includes comprehensive asset schedules, specific definitions of infidelity, financial penalties, evidentiary requirements, and must be drafted to withstand constitutional scrutiny under South African law. It's essential that both parties receive independent legal advice before signing to ensure enforceability.
Suggested Sections

1. Parties: Identification and details of both parties entering into the prenuptial agreement

2. Background: Context of the agreement, including the intended marriage date and acknowledgment of independent legal advice received

3. Definitions: Detailed definitions of key terms, including 'infidelity,' 'matrimonial property,' and other relevant concepts

4. Matrimonial Property Regime: Declaration of out of community of property regime and exclusion of accrual system

5. Separate Property: Provisions regarding the maintenance of separate estates and handling of individual assets

6. Infidelity Provisions: Detailed clauses defining what constitutes infidelity and the financial consequences thereof

7. Financial Consequences: Specific financial penalties or asset forfeitures in case of proven infidelity

8. Burden of Proof: Requirements for proving infidelity and the standard of evidence required

9. Dispute Resolution: Procedures for handling disputes regarding infidelity claims or agreement interpretation

10. Severability: Provision ensuring that if any clause is found invalid, the rest of the agreement remains effective

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

12. Amendment and Termination: Conditions under which the agreement can be modified or terminated

13. General Provisions: Standard contractual clauses including entire agreement, notices, and costs

Optional Sections

1. Existing Children Provisions: Provisions regarding children from previous relationships and protection of their interests

2. Business Interests: Special provisions for protecting business assets and operations in case of infidelity

3. Social Media and Privacy: Provisions regarding public disclosure of infidelity and social media behavior

4. Reconciliation Clause: Terms for potential reconciliation and its effect on the agreement's infidelity provisions

5. Religious Requirements: Specific provisions aligned with religious marriage requirements or beliefs

6. Maintenance Obligations: Optional provisions regarding spousal maintenance in case of infidelity

Suggested Schedules

1. Schedule A - Assets Schedule: Detailed list of each party's assets and their values at the time of marriage

2. Schedule B - Liabilities Schedule: List of each party's debts and financial obligations at the time of marriage

3. Schedule C - Prohibited Conduct: Detailed description of conduct that constitutes infidelity under the agreement

4. Schedule D - Financial Penalties: Detailed breakdown of financial consequences for different types of infidelity

5. Schedule E - Proof Requirements: Specific requirements and acceptable forms of evidence for proving infidelity

6. Appendix 1 - Independent Legal Advice Certificates: Certificates confirming both parties received independent legal advice

7. Appendix 2 - Financial Disclosure Forms: Sworn statements of both parties' financial positions

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
Relevant legal definitions
Agreement
Antenuptial Contract
Assets
Breach
Business Day
Commencement Date
Confidential Information
Consideration
Date of Marriage
Default
Effective Date
Electronic Communication
Evidence
Financial Disclosure
Financial Penalty
Forensic Evidence
Infidelity
Independent Legal Advice
Liabilities
Marriage
Matrimonial Home
Matrimonial Property
Notice
Out of Community of Property
Parties
Penalty Amount
Personal Property
Prescribed Rate
Private Investigator
Prohibited Conduct
Proof of Infidelity
Reasonable Proof
Reconciliation
Separate Estate
Separate Property
Sexual Relations
Signature Date
Social Media Evidence
Spouse
Termination Date
Third Party
Witness
Clauses
Interpretations and Definitions
Marriage Regime Declaration
Separate Property
Asset Protection
Infidelity Provisions
Financial Consequences
Evidence Requirements
Burden of Proof
Confidentiality
Privacy Protection
Social Media Restrictions
Asset Division
Financial Penalties
Remedies
Investigation Rights
Legal Costs
Dispute Resolution
Mediation
Arbitration
Severability
Amendment
Termination
Notices
Governing Law
Jurisdiction
Independent Legal Advice
Warranties
Registration
Entire Agreement
Force Majeure
Costs
Relevant Industries

Legal Services

Family Law

Wealth Management

Private Banking

Estate Planning

Financial Advisory

Professional Services

Marriage Services

Insurance

Relevant Teams

Legal

Wealth Management

Private Banking

Document Processing

Risk Management

Advisory Services

Family Law

Estate Planning

Notarial Services

Relevant Roles

Family Law Attorney

Matrimonial Lawyer

Legal Counsel

Wealth Manager

Financial Advisor

Estate Planner

Private Banker

Notary Public

Conveyancer

Marriage Officer

Legal Document Specialist

Family Law Mediator

Risk Management Advisor

Industries
Matrimonial Property Act 88 of 1984: Governs matrimonial property regimes in South Africa and provides the framework for prenuptial agreements, including the requirements for valid antenuptial contracts and the registration thereof
Divorce Act 70 of 1979: Provides the legal framework for divorce proceedings and the division of assets, which may be relevant when enforcing infidelity clauses in prenuptial agreements
Constitution of South Africa, 1996: Particularly sections dealing with equality (Section 9) and human dignity (Section 10), as these may affect the enforceability of certain prenuptial agreement provisions
Civil Union Act 17 of 2006: Ensures equal treatment of different types of marriages and civil unions, relevant for the application of prenuptial agreements across different types of relationships
Deeds Registries Act 47 of 1937: Governs the registration of antenuptial contracts, which must be registered within three months of execution to be valid against third parties
South African Common Law (Roman-Dutch Law): Provides principles of contract law that govern the validity, interpretation, and enforcement of prenuptial agreements, including requirements for valid contracts
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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