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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."
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
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
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
Effective Date
Marriage
Parties
First Party
Second Party
Separate Property
Joint Property
Accrual
Commencement Date
Marriage Date
Pre-marital Assets
Post-marital Assets
Engagement
Matrimonial Home
Business Interests
Financial Institutions
Inheritance
Separate Estate
Joint Estate
Matrimonial Property Regime
Community of Property
Antenuptial Contract
Net Worth
Separate Creditors
Joint Creditors
Income
Capital Growth
Excluded Assets
Intellectual Property Rights
Professional Practice
Retirement Benefits
Life Insurance Proceeds
Trust Interests
Foreign Assets
Marital Debt
Separate Debt
Household Expenses
Financial Obligations
Force Majeure
Governing Law
Interpretation
Definitions
Property Regime Declaration
Separate Property Rights
Joint Property
Asset Protection
Financial Obligations
Inheritance Rights
Business Interests
Retirement Benefits
Life Insurance
Debt Management
Income Rights
Asset Distribution
Estate Planning
Foreign Assets
Intellectual Property
Confidentiality
Dispute Resolution
Amendment
Severability
Force Majeure
Governing Law
Jurisdiction
Notices
Costs
Breach
Termination
Good Faith
Entire Agreement
Witnesses
Execution
Legal Services
Financial Services
Wealth Management
Real Estate
Professional Services
Family Law
Private Banking
Insurance
Asset Management
Legal
Wealth Management
Private Banking
Document Services
Estate Planning
Risk Advisory
Family Law
Notarial Services
Asset Protection
Family Law Attorney
Notary Public
Legal Counsel
Wealth Manager
Financial Advisor
Estate Planner
Property Lawyer
Private Banker
Risk Manager
Legal Document Specialist
Corporate Lawyer
Trust Administrator
Family Office Manager
Asset Protection Specialist
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