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Post Nuptial Agreement
"I need a Post Nuptial Agreement to change our marriage from in community of property to out of community of property with accrual, as my spouse and I are starting separate businesses and want to protect each other from business liabilities."
1. Parties: Full details of both spouses, including full names, identity numbers, and current matrimonial regime
2. Background: Details of the existing marriage, including date and place of marriage, current matrimonial property regime, and reasons for entering into the post-nuptial agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Application to Court: Statement regarding the application to the High Court for permission to enter into this agreement
5. Change of Matrimonial Property System: Detailed description of the new matrimonial property regime being adopted
6. Division of Assets: Comprehensive listing of how existing assets will be divided or retained under the new regime
7. Future Assets: Provisions regarding the treatment of assets acquired after the execution of this agreement
8. Debts and Liabilities: Allocation of existing debts and treatment of future liabilities
9. Registration: Provisions regarding the registration of the agreement in the Deeds Registry
10. Costs: Allocation of costs related to the agreement and its registration
11. General Provisions: Standard clauses including governing law, entire agreement, and amendments
1. Maintenance Obligations: Optional section detailing any specific maintenance arrangements between spouses, particularly relevant if changing from in community of property to out of community
2. Business Interests: Detailed provisions regarding existing or future business interests, necessary when either spouse owns or may own a business
3. Inheritance Rights: Specific provisions regarding inheritance rights and accrual claims, particularly relevant when changing to or from an accrual system
4. Foreign Assets: Provisions dealing with assets held in other countries, necessary when either spouse has international assets
5. Trust Interests: Provisions regarding trust assets and benefits, required when either spouse is a trustee or beneficiary
1. Schedule A - Separate Assets of First Spouse: Detailed inventory of assets owned by the first spouse at the date of execution
2. Schedule B - Separate Assets of Second Spouse: Detailed inventory of assets owned by the second spouse at the date of execution
3. Schedule C - Joint Assets: List of assets jointly owned by both spouses
4. Schedule D - Debts and Liabilities: Comprehensive list of all debts and liabilities of both parties
5. Appendix 1 - Court Order: Copy of the High Court order granting permission for the post-nuptial agreement
6. Appendix 2 - Valuations: Professional valuations of significant assets if required
Authors
Parties
First Spouse
Second Spouse
Marriage
Matrimonial Property Regime
Accrual
Separate Estate
Joint Estate
Commencement Date
Court Order
Effective Date
Registration Date
Assets
Liabilities
Separate Assets
Joint Assets
Excluded Assets
Marriage Act
Matrimonial Property Act
Deeds Registry
Notary Public
Interpretative
Consent
Property Division
Asset Transfer
Liability Allocation
Registration
Matrimonial Property Regime
Accrual
Maintenance
Inheritance
Costs
Amendment
Severability
Governing Law
Jurisdiction
Entire Agreement
Execution
Compliance
Good Faith
Notices
Dispute Resolution
Waiver
Indemnification
Force Majeure
Legal Services
Financial Services
Real Estate
Professional Services
Wealth Management
Private Banking
Legal
Wealth Management
Estate Planning
Private Banking
Document Processing
Conveyancing
Client Advisory
Family Law
Notarial Services
Family Law Attorney
Notary Public
Legal Counsel
Wealth Manager
Estate Planner
Financial Advisor
Conveyancing Attorney
Legal Document Specialist
Property Lawyer
Private Banker
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