Prenup Before Engagement Template for South Africa

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Key Requirements PROMPT example:

Prenup Before Engagement

"I need a Prenup Before Engagement agreement that protects my established technology company and its intellectual property, as I'm planning to propose to my partner in March 2025 and want to ensure my business interests remain separate from our marital estate."

Document background
A Prenup Before Engagement is a specialized legal document used in South Africa when parties wish to establish their property rights and financial arrangements before becoming formally engaged to be married. This timing is strategic as it can demonstrate that neither party was under duress to sign due to impending marriage plans. The agreement must comply with the Matrimonial Property Act 88 of 1984 and related legislation, requiring notarial execution and registration at the Deeds Office. It typically includes detailed schedules of assets and liabilities, provisions for future property acquisition, and specific arrangements for financial obligations during marriage. This type of agreement is particularly relevant for high-net-worth individuals, business owners, or those with complex asset structures who want to ensure clear property rights before making any formal commitment to marry.
Suggested Sections

1. Parties: Full legal names, identification numbers, and current addresses of both parties

2. Background: Context of the agreement, including intention to marry and chosen property regime

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

4. Marriage Property Regime: Clear statement of the chosen property regime (typically out of community of property without accrual)

5. Separate Property Rights: Provisions maintaining separate ownership of pre-marital assets and future acquisitions

6. Financial Obligations: Responsibilities regarding household expenses, debt, and financial maintenance

7. Asset Management: Rights and limitations regarding management of separate and joint assets

8. Inheritance Rights: Provisions regarding inheritance and estate planning

9. Dispute Resolution: Process for resolving disagreements about the interpretation or implementation of the agreement

10. Amendment Provisions: Process for making changes to the agreement

11. Governing Law: Confirmation of South African law as governing law and jurisdiction

12. Signatures: Formal execution section including space for parties, witnesses, and notary

Optional Sections

1. Foreign Assets: Required when either party owns assets in other countries, addressing international property rights and jurisdiction

2. Business Interests: Needed when either party owns a business or has significant business interests to protect

3. Existing Children: Required when either party has children from previous relationships, addressing inheritance rights

4. Religious Requirements: Included when parties wish to incorporate religious marriage requirements or principles

5. Intellectual Property: Necessary when either party has significant intellectual property rights to protect

6. Future Acquisitions: Detailed provisions for handling significant future assets or inheritances

7. Life Insurance: Provisions regarding life insurance policies and beneficiary requirements

8. Retirement Benefits: Specific provisions for handling pension and retirement benefits

9. Confidentiality: Required when parties wish to maintain privacy about their financial arrangements

Suggested Schedules

1. Schedule A - Assets of First Party: Detailed list of all assets owned by the first party at time of agreement

2. Schedule B - Assets of Second Party: Detailed list of all assets owned by the second party at time of agreement

3. Schedule C - Liabilities of First Party: List of all debts and financial obligations of the first party

4. Schedule D - Liabilities of Second Party: List of all debts and financial obligations of the second party

5. Schedule E - Agreed Value of Assets: Agreed valuations of significant assets where relevant

6. Schedule F - Business Interests: Detailed description of business interests and their agreed treatment

7. Appendix 1 - Certificates: Copies of relevant certificates (property titles, share certificates, etc.)

8. Appendix 2 - Valuations: Independent valuations of significant assets where obtained

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

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