Prenup For Living Together Template for South Africa

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Key Requirements PROMPT example:

Prenup For Living Together

"I need a Prenup For Living Together agreement to protect my established business assets and investment portfolio, while clearly defining how my partner and I will share our new home purchase and living expenses when we move in together in March 2025."

Document background
The Prenup For Living Together (cohabitation agreement) is a crucial legal document in South Africa, where unmarried couples living together don't enjoy the same automatic legal protections as married couples. This agreement becomes particularly important given that South African law doesn't formally recognize common-law marriages. The document serves to establish clear legal arrangements between cohabiting partners regarding property ownership, financial responsibilities, living arrangements, and potential separation procedures. It's typically used when couples decide to live together but either choose not to marry or wish to have a trial period of cohabitation before marriage. The agreement includes provisions for asset division, expense sharing, debt management, and dispute resolution, all within the framework of South African law. It's essential to have this agreement properly drafted and executed to ensure it meets legal requirements and provides adequate protection for both parties.
Suggested Sections

1. Parties: Full details and identification of both cohabiting partners

2. Background: Context of the relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Duration of Agreement: When the agreement takes effect and how long it remains valid

5. Living Arrangements: Details of shared residence and household responsibilities

6. Financial Arrangements: How expenses, bills, and daily costs will be shared

7. Property Rights: Ownership and division of property acquired before and during cohabitation

8. Bank Accounts: Management of joint and separate bank accounts

9. Debt Management: Handling of existing and future debts

10. Dispute Resolution: Process for resolving disagreements

11. Termination: Circumstances and process for ending the cohabitation agreement

12. General Provisions: Standard legal clauses including governing law, amendments, and notices

Optional Sections

1. Children: Arrangements for existing or future children, including financial responsibility and care arrangements

2. Pets: Ownership and care responsibilities for shared pets

3. Business Interests: Protection and separation of business assets and interests

4. Death Provisions: Arrangements in case of death of either partner

5. Medical Decisions: Authority for medical decision-making in emergencies

6. Vehicles: Ownership and usage rights of shared vehicles

7. Intellectual Property: Rights to intellectual property created during cohabitation

8. Insurance: Requirements for life, medical, or property insurance

Suggested Schedules

1. Schedule A - Assets: Detailed list of each partner's assets brought into the relationship

2. Schedule B - Debts: List of each partner's existing debts and liabilities

3. Schedule C - Household Inventory: List of shared household items and their ownership

4. Schedule D - Monthly Budget: Detailed breakdown of shared expenses and contribution splits

5. Schedule E - Property Details: Specific details about shared residence or properties

6. Appendix 1 - Proof of Assets: Supporting documentation for listed assets

7. Appendix 2 - Financial Statements: Recent financial statements of both partners

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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