Relationship Prenup Template for South Africa

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Key Requirements PROMPT example:

Relationship Prenup

"I need a Relationship Prenup drafted for a marriage planned for March 2025, where both parties own successful businesses in South Africa and want to protect their respective companies while establishing fair provisions for shared property acquired during the marriage."

Document background
The Relationship Prenup (Prenuptial Agreement) is a crucial legal document in South African family law, designed to provide clarity and protection regarding property rights and financial matters between prospective spouses. It is particularly relevant in a jurisdiction where the default matrimonial property regime is in community of property, making it essential for couples who wish to deviate from this default position. The document must be executed before a Notary Public and registered in the Deeds Office before the marriage to be valid. It typically includes detailed provisions about asset division, maintenance obligations, business interests, and inheritance rights, all tailored to comply with South African legislation. This type of agreement is especially important for business owners, high-net-worth individuals, or those entering second marriages who need to protect existing assets or provide for children from previous relationships.
Suggested Sections

1. Parties: Full legal names and details of both parties entering into the prenuptial agreement

2. Background: Context of the agreement, including the intended marriage date and purpose of the agreement

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Matrimonial Property Regime: Declaration of the chosen property regime (e.g., out of community of property) and its implications

5. Separate Property: Detailed provisions regarding property owned by each party before marriage and how it will be treated

6. Joint Property: Provisions regarding property acquired during marriage and how it will be owned and managed

7. Financial Obligations: Details of financial responsibilities during marriage, including household expenses and debt management

8. Maintenance Obligations: Provisions regarding spousal maintenance during marriage and in case of dissolution

9. Protection of Rights: Safeguards for both parties' legal and financial rights

10. Dissolution Provisions: Guidelines for property division and financial arrangements in case of divorce or death

11. General Provisions: Standard clauses including governing law, amendment procedures, and severability

12. Execution: Signing requirements, including witness provisions and notarization requirements

Optional Sections

1. Business Interests: Specific provisions for protecting business assets and operations when one or both parties own businesses

2. Inheritance Rights: Specific provisions regarding inherited property and future inheritances when significant family wealth is involved

3. International Assets: Provisions for handling international property and assets when parties have overseas interests

4. Children's Provisions: Provisions regarding financial arrangements for existing children from previous relationships

5. Religious Requirements: Specific provisions to comply with religious marriage requirements when applicable

6. Digital Assets: Provisions for handling digital assets and cryptocurrencies when parties have significant digital investments

7. Intellectual Property: Provisions for protecting intellectual property rights when one or both parties have significant IP assets

8. Pension and Retirement: Specific provisions for handling pension and retirement benefits when substantial retirement assets exist

Suggested Schedules

1. Schedule A - Pre-marriage Assets: Detailed inventory of assets owned by each party prior to marriage

2. Schedule B - Pre-marriage Liabilities: Detailed list of debts and liabilities of each party prior to marriage

3. Schedule C - Excluded Assets: List of specific assets excluded from matrimonial property

4. Schedule D - Business Interests: Detailed description of business interests owned by either party

5. Schedule E - Immovable Property: Details of all immovable property owned by either party

6. Appendix 1 - Financial Disclosure: Comprehensive financial disclosure statements from both parties

7. Appendix 2 - Certificates: Required certificates including marriage officer's certificate and translator's certificate if applicable

8. Appendix 3 - Independent Legal Advice: Certificates of independent legal advice received by both parties

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

Relevant legal definitions
Clauses
Relevant Industries

Legal Services

Financial Services

Real Estate

Private Banking

Wealth Management

Professional Services

Family Business

Agriculture

Mining

Entertainment Industry

Technology

Healthcare

Hospitality

Education

Relevant Teams

Legal

Compliance

Wealth Management

Private Banking

Estate Planning

Property Management

Corporate Advisory

Family Office

Document Management

Risk Management

Relevant Roles

Lawyer

Notary Public

Legal Counsel

Family Law Attorney

Wealth Manager

Financial Advisor

Estate Planner

Property Lawyer

Corporate Executive

Business Owner

Professional Athlete

Entertainment Professional

Medical Professional

Agricultural Land Owner

Mining Executive

Technology Entrepreneur

Real Estate Developer

Industries
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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Matrimonial Agreement

A South African prenuptial contract that regulates property rights and financial affairs between spouses, executed before a notary and registered in the Deeds Office.

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Nuptial Agreement

A South African Antenuptial Contract that establishes the matrimonial property regime and financial arrangements between prospective spouses under South African law.

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A South African legal agreement that allows married couples to modify their matrimonial property regime after marriage, subject to court approval and registration in the Deeds Office.

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