Antenuptial Agreement Sample

If you prefer a hands-on approach, download one of our free examples of marital agreements and fill it out yourself. Be sure to provide each spouse`s full name and address as part of the contact information. Before signing a prenup, you should also include the following information in the following sections: While antenuptial agreements (“Prenups”) are recommended to anyone for whom they have good economic and personal sense. When a spouse has children from another relationship, this agreement can ensure that their separate pre-marital patrimony is shared with their children only if that spouse dies. The Marriage Property Act 88 of 1984 introduced the “delimitation system,” which allows a form of common use in accordance with a primary purpose of marriage, but allows for the maintenance of each party`s independence from the treaty and the ability to retain its own unique separate rebates. “Accrual” means increase. The delimitation system is a form of asset sharing that is built during marriage. The underlying philosophy with respect to the delimitation system is that each party has the right to remove the heritage value it brought to marriage and then share what it has built together. One spouse`s property cannot be sold to pay each other`s creditors if the other becomes insolvent, unlike in the case where the parties are married in a community of ownership. It is of the utmost importance that a party wishing to enter into an anti-marriage contract fully understands what it signs. For this reason, a standard form contract cannot be used, consultations cannot be carried out by phone or email, unfortunately. The main characteristics of a periodic marriage are essentially as follows: Each party retains its own succession. Each party can accumulate assets and make commitments without interference or support from the other spouse.

The succession of each party can be determined separately. The monetary value of the smallest estate is deducted from the monetary value of the largest estate, the difference is split, and the party that has the largest property pays half the difference between the two properties to the party with the smallest estate. In the event of dissolution of the marriage, each party`s estate is calculated by listing all assets, listing all liabilities, deducting asset liabilities and calculating a net inventory value. In practice, this amounts to a division similar to that of a marriage within the condominium. However, some of the determinants of a periodic marriage create a certain complexity and greater freedom of choice. In the development of the ante-nuptial contract, the parties may decide to exclude certain assets. The exclusion of an asset means that, in the event of the dissolution of the marriage, it is not on the balance sheet and is totally excluded from the calculation. Assets that are not properly described can cause serious problems when the divorce executor or lawyer tries to decide what to do to calculate the net reference value.

Excluding a particular asset or original value or both (which must be separated and not derived from the same asset) can effectively ensure that couples only share and separate what they share to separate objects or objects or values they deem unfair (. B for example, something acquired before the start of the relationship).