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Simple Prenup

Simple Prenup Template for South Africa

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Key Requirements PROMPT example:

Simple Prenup

"I need a Simple Prenup for my upcoming marriage in March 2025, with specific provisions to protect my existing software development business and ensure complete separation of assets, while fairly dividing household expenses."

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Document background
The Simple Prenup is a fundamental legal document in South African family law, designed for couples planning to marry who wish to opt out of the default community of property regime. This document is essential when parties want to maintain separate estates and financial independence during their marriage. It must be executed before marriage and requires notarial oversight and registration with the Deeds Office to be legally binding against third parties. The agreement typically includes provisions for asset separation, debt management, and financial responsibilities during marriage, while complying with the Matrimonial Property Act 88 of 1984 and related legislation. It's particularly important for individuals bringing significant assets into marriage, running businesses, or expecting future inheritances.
Suggested Sections

1. Parties: Identification and details of the prospective spouses entering into the agreement

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

3. Definitions: Definitions of key terms used in the agreement, including property classifications and financial terms

4. Matrimonial Property Regime: Declaration of the chosen property regime (typically complete separation of estates) and exclusion of community of property and profit and loss

5. Separate Property: Confirmation that each party's separate property remains their sole property, including pre-marriage assets and future acquisitions

6. Financial Independence: Establishment of parties' rights to manage their own financial affairs independently

7. Debts and Liabilities: Provisions regarding separate responsibility for individual debts and protection from spouse's creditors

8. Income and Earnings: Treatment of income and earnings during the marriage

9. Marriage Expenses: Agreement on how shared household expenses will be handled

10. Registration: Provisions for registration of the agreement with the Deeds Office

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

Optional Sections

1. Business Interests: Provisions for protecting existing or future business interests, used when either party owns or plans to own a business

2. Inheritance: Specific provisions regarding inherited or expected inheritance, used when significant inheritances are anticipated

3. Retirement Benefits: Treatment of retirement funds and benefits, used when parties have significant retirement assets

4. Intellectual Property: Provisions for intellectual property rights, used when either party has or expects to have significant IP assets

5. Life Insurance: Requirements for life insurance policies, used when parties want to mandate life insurance coverage

6. Foreign Assets: Provisions for foreign assets and application of foreign laws, used when parties have international assets

7. Future Acquisitions: Specific provisions for significant future acquisitions, used when parties anticipate major assets acquisitions

8. Death During Marriage: Special provisions for property division upon death, used when parties want specific arrangements different from their wills

Suggested Schedules

1. Schedule A - Pre-marriage Assets: Detailed list of each party's assets and their values at the time of marriage

2. Schedule B - Pre-marriage Liabilities: Detailed list of each party's debts and liabilities at the time of marriage

3. Schedule C - Excluded Property: List of specific assets excluded from any sharing arrangements

4. Schedule D - Business Assets: Detailed inventory of business interests and their valuation

5. Schedule E - Inherited Assets: List of inherited assets or expected inheritances to be kept separate

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

7. Appendix 2 - Certificates: Required certificates including legal advice certificates if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Legal Services

Financial Services

Wealth Management

Real Estate

Professional Services

Banking

Insurance

Family Office Services

Estate Planning

Private Client Services

Relevant Teams

Legal

Wealth Management

Private Client Services

Estate Planning

Risk Management

Compliance

Document Management

Family Law

Conveyancing

Relevant Roles

Attorney

Notary Public

Legal Counsel

Family Law Specialist

Wealth Manager

Financial Advisor

Estate Planner

Private Client Advisor

Legal Assistant

Conveyancer

Deeds Office Registrar

Marriage Officer

Risk Manager

Compliance Officer

Industries







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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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