Prenuptial Agreement Template for South Africa

A Prenuptial Agreement, often called an "antenuptial contract" in South Africa, is a legal contract that couples sign before getting married. It sets out how they'll handle their assets, debts, and financial responsibilities both during marriage and if they divorce. Under South African law, these agreements must be signed in front of a notary public and registered at the Deeds Office to be valid.

This contract lets couples opt out of the default community of property system and choose exactly how they want to manage their finances. Many South African couples use prenups to protect their business interests, preserve inheritance rights, or safeguard assets they brought into the marriage. Making these decisions upfront helps prevent costly disputes later.

Getting a Prenuptial Agreement makes sense when you're bringing significant assets into your marriage or running your own business. This is especially important in South Africa where the default marriage regime automatically creates shared ownership of everything. Business owners, professionals with established careers, and anyone expecting a future inheritance need this protection before saying "I do."

The timing matters - South African law requires signing and registering your prenup before the wedding day. It's particularly valuable for entrepreneurs protecting their companies, people entering second marriages with existing assets, or couples who simply want clarity about financial responsibilities. Once you're married, it's too late to create this agreement.

• Prenup With Accrual: Keeps assets separate during marriage but allows sharing of wealth gained during marriage
• Prenup Without Accrual: Complete separation of assets, each spouse keeps their property entirely separate
• Post Nup Agreement: Changes marriage property regime after wedding, requires court approval
• Infidelity Prenup: Includes specific financial consequences for adultery or misconduct
• Nuptial Agreement: Standard template covering basic asset division and financial responsibilities

• Engaged Couples: The primary parties who negotiate and sign the Prenuptial Agreement, especially those with businesses or significant assets
• Notary Public: Must witness and authenticate the signing of the agreement to make it legally valid in South Africa
• Family Law Attorneys: Draft and review the agreement, ensuring it complies with South African marriage laws
• Financial Advisors: Help identify and value assets for inclusion in the agreement
• Deeds Office Officials: Register the agreement to give it legal force before the marriage takes place
• Business Partners: Often consulted when the agreement affects company ownership or management rights

• Asset Inventory: List all current assets, properties, investments, and debts for both parties
• Marriage Regime Choice: Decide between accrual or complete separation of assets based on your needs
• Financial Disclosure: Gather bank statements, property deeds, business valuations, and investment portfolios
• Future Planning: Document expected inheritances, business growth plans, and career trajectories
• Early Timing: Start at least 3 months before the wedding to allow for notarization and registration
• Document Generation: Use our platform to create a legally sound agreement that includes all required elements
• Notary Booking: Schedule an appointment with a notary public for signing and authentication

• Full Names and Details: Complete legal names, ID numbers, and addresses of both parties
• Marriage Regime Declaration: Clear statement of out of community of property with or without accrual
• Asset Schedule: Detailed list of each party's assets, liabilities, and their values at marriage
• Property Rights: Clear terms for asset ownership, management, and division during marriage
• Financial Obligations: Specifics about shared expenses, debt responsibility, and maintenance
• Inheritance Provisions: Rules about inherited assets and their exclusion from marital property
• Notarial Clause: Space for notary's attestation and official seal
• Signatures Section: Designated areas for both parties and witnesses to sign

A Prenuptial Agreement differs significantly from a Asset Purchase Agreement, though both deal with property rights. While prenups focus on personal relationship assets, Asset Purchase Agreements handle business transactions. Let's explore their key differences:

• Timing and Duration: Prenups must be signed before marriage and last indefinitely, while Asset Purchase Agreements cover a single transaction with a clear completion date
• Parties Involved: Prenups are between future spouses, while Asset Purchase Agreements involve buyers and sellers in commercial transactions
• Legal Requirements: Prenups need notarial execution and Deeds Office registration in South Africa; Asset Purchase Agreements only require normal contract formalities
• Scope of Protection: Prenups cover personal assets, inheritance rights, and marital property division; Asset Purchase Agreements focus solely on business asset transfers and related warranties
• Modification Process: Prenups require court approval to change after marriage; Asset Purchase Agreements can be amended through mutual agreement