The Prenup For Domestic Partnership agreement serves as a crucial legal instrument in South Africa for partners who choose to enter into a domestic partnership rather than a traditional marriage or civil union. This document becomes particularly important in the South African context where, despite the absence of specific domestic partnership legislation, partners need to protect their rights and establish clear guidelines for their financial relationship. The agreement typically covers property division, financial obligations, maintenance rights, and partnership dissolution terms. It's essential for partners who want to clearly define their financial rights and obligations, protect pre-existing assets, or establish specific terms for asset acquisition during the partnership. The document must comply with South African common law principles and take into consideration relevant constitutional provisions regarding equality and dignity.
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1. Parties: Full details of both partners entering into the domestic partnership agreement
2. Background: Context of the relationship and intention to enter into a domestic partnership
3. Definitions: Definitions of key terms used throughout the agreement
4. Interpretation: Rules for interpreting the agreement, including general principles and resolving conflicts
5. Duration and Nature of Partnership: Details of when the partnership begins and its intended nature
6. Property Regime: Chosen property system and how assets will be owned and divided
7. Pre-Partnership Assets: List and treatment of assets owned by each party before the partnership
8. Financial Arrangements: Management of joint and separate finances during the partnership
9. Partnership Obligations: Mutual obligations and responsibilities of the partners
10. Termination Provisions: Circumstances and procedures for ending the partnership
11. Dispute Resolution: Process for resolving disagreements between partners
12. General Provisions: Standard contractual clauses including governing law, amendments, and notices
1. Business Interests: Required when either partner owns a business or plans to start one during the partnership
2. Inheritance Rights: Optional provisions regarding inheritance between partners
3. Maintenance Obligations: Specific provisions for maintenance payments in case of partnership termination
4. Children and Guardianship: Required when partners have or plan to have children
5. International Assets: Required when either partner has assets in other countries
6. Retirement Benefits: Provisions regarding pension and retirement accounts
7. Intellectual Property Rights: Required when either partner has significant intellectual property
8. Religious Requirements: Required when partners wish to incorporate religious principles into their agreement
1. Schedule A - Asset Register: Detailed list of all assets owned by both partners at the time of entering the partnership
2. Schedule B - Liabilities Register: List of all debts and financial obligations of both partners
3. Schedule C - Agreed Values: Agreed valuations of significant assets mentioned in the agreement
4. Schedule D - Business Interests: Detailed description of any business interests owned by either partner
5. Schedule E - Property Details: Specific details of any immovable property owned by either partner
6. Appendix 1 - Financial Disclosure: Sworn financial statements from both partners
7. Appendix 2 - Certificates: Required legal certificates, including certificates of independent legal advice
8. Appendix 3 - Supporting Documents: Copies of relevant supporting documentation referenced in the agreement
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