Document background
The Online Prenuptial Agreement serves as a legally binding digital contract between prospective spouses in South Africa who wish to regulate their matrimonial property regime. This document is particularly relevant for couples seeking to establish clear financial arrangements before marriage, while benefiting from the convenience of digital execution. It must comply with both the Matrimonial Property Act 88 of 1984 for content requirements and the Electronic Communications and Transactions Act 25 of 2002 for digital validity. The agreement typically excludes community of property and profit and loss, details the treatment of current and future assets, and may include the accrual system if chosen. It's essential for protecting individual assets, business interests, and inheritance rights, while providing a clear framework for financial arrangements during marriage and in case of dissolution.
