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Antenuptial contract with accrual example texts

NB: Before you rush off and use the exact text below, please note that it must be customised to your situation and wants and needs; it is critical that each party independently scrutinises what they are agreeing to with their own seperate attorney.

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Example 1

ANTENUPTIAL CONTRACT

BE AND HEREBY MADE KNOWN

THAT on this the 12th day of DECEMBER 2024

CLARE FARIA

Notary Public of Cape Town, Western Cape Province by lawful authority duly sworn and admitted and in the presence of subscribed witnesses, personally came and appeared:

JANE DOE

in her capacity as duly authorised agent of

|MOLLY MEGAN LOVE
Identity Number: 6501015241080\
Unmarried

and

MARK JOHN PLAYER
Identity Number: 5501015241080\
Unmarried

by virtue of a Power of Attorney passed at HERMANUS on the 11th day of DECEMBER 2024, an extract whereof remains filed in my protocol.

\("the Appearers")

AND the agent declared that a marriage has been agreed upon, and is intended to be solemnized between MOLLY MEGAN LOVE and MARK JOHN PLAYER.

NOW THEREFORE THESE APPEARERS WITNESS:

1. There shall be no community of property between the parties.
2. There shall be no community of profit or loss between the parties.
3. The marriage between the parties shall be subject to the accrual system in terms of the provisions of Chapter 1 of the Matrimonial Property Act, 1984 (Act No 88 of 1984).
4. That for the purposes of proof of the nett value of their respective estates to be as follows:
   Consisting of"
   1. that of the said MOLLY MEGAN LOVE to be R1,000,000.00 (ONE MILLION RAND)
      Consisting of:
      1. Motor vehicle;
      2. Furniture;
   2. that of the said MARK JOHN PLAYER to be R5,000,000.00 (FIVE MILLION RAND)
      Consisting of:
      1. Property;
      2. Motor vehicle;
      3. Furniture;
5. In determining the accrual of the estate of either spouse at the disolution of the intended marriage, whether by death or divorce, there shall be excluded therefrom all the right, title, interest and benefits to which either party is, will or may become entitled, whether by way of income or capital received by or accrued to him or her from a third party as a beneficiary in terms of any inheritance, legacy or donation, howsoever created or to be created, including in terms of any will, inter vivos trust, or mortis causa trust created or that may be created for his or her benefit, as well as any other assets which either party may acquire by virtue of his or her possession or former possession of such inheritance, legacy, donation and/or benefits from such trusts.

UPON which conoditions the said intended consorts respectively promise and agree to solemnise their contemplated marriage and respectively to act up to the tenor of these presents under obligation of their persons and property according to Law.

EXECUTED at CAPE TOWN on the day, month and year first aforementioned in the presence of the undersigned witnesses.

AS WITNESSES:

1. ................................[Signature]

2.................................[Signature]

Signature

QUOD ATTESTOR

NOTARY PUBLIC

[STAMP OF NOTARIS NOTARY PUBLIC]

Example 2

PROTOCOL NO. [Insert Protocol Number]

ANTENUPTIAL CONTRACT
with Accrual System

PREAMBLE

BE IT KNOWN that on this [Day] day of [Month], [Year] (20[XX]), before me,
CLARE WENDY FARIA
Notary Public, duly sworn and admitted in Cape Town, and in the presence of the undersigned witnesses, personally appeared:
[GROOM'S FULL NAME]
Identity Number: [Groom's ID Number]
Unmarried
Residing in Cape Town

and

[BRIDE'S FULL NAME]
Identity Number: [Bride's ID Number]
Unmarried
Residing in Cape Town

(hereinafter referred to as "the Parties").

DECLARATION OF INTENT

The Parties declare that, in contemplation of their intended marriage, they hereby enter into this Antenuptial Contract, pursuant to the provisions of the Matrimonial Property Act 88 of 1984, as amended, upon the following terms and conditions:

1. No Community of Property

There shall be no community of property between them.

2. No Community of Profit and Loss

There shall be no community of profit and loss between them.

3. Liability for Debt

Neither party shall be liable for any debt or obligation incurred by the other before or during the subsistence of their marriage.

4. Accrual System
4.1. Upon dissolution of their marriage by divorce or death, the party with the smaller estate accrual shall have a claim against the other for an amount equal to half the difference between their estate accruals, provided that this does not apply if either party's liabilities exceed their assets.

4.2. During the marriage, neither party may transfer their right under clause 4.1.

5. Determination of Accrual
The accrual of each party's estate shall be the difference between the net estate value at marriage commencement and at marriage dissolution.

6. Exclusions from Accrual
6.1. Damages (excluding patrimonial loss) are excluded from accrual.
6.2. Specific assets, inheritances, legacies, and donations, and their proceeds, are excluded as per their declarations.
6.3. Adjustments shall account for inflation using the Consumer Price Index (CPI).

7. Contributions for Necessaries
Neither party has recourse for contributions made toward the joint household during the marriage.

8. Initial Estate Values
8.1. The parties declare their net estate values as:

GROOM: R… (… Rand).
BRIDE: R… (… Rand).
8.2. Net values at marriage commencement shall reflect the lowest estate value during marriage if calculated assets remain unchanged.
Execution and Signing:
This contract, reflecting the full intent of the parties, is executed at CAPE TOWNon the date above, in the presence of the undersigned witnesses.

AS WITNESSES:

------------------------------------

------------------------------------

QUOD ATTESTOR
NOTARY PUBLIC

Legal Unions - antenuptials, cohabitation, etc...

An antenuptial contract is also known as an "ANC" for short, or a "prenup".

• Marriage Antenuptials
  • Antenuptial contract notarial requirement
  • Cost of an antenuptial contract
  • Key clauses in an ANC
  • Can a prenup exclude the possibility of spousal maintenance
  • ANC with accrual
• Example of ANC with accrual marriage contract.
• Drafting an ANC with accrual contract
• ANC with accrual erroneously has zero commencement value
• ANC with accrual template for the division of the net estate
• Enforceability of antenuptial contracts Overseas
• Amending an antenuptial contract
• Terms of an amended ANC
• Limits on the power of the court to amend an ANC
• Marriage Postnuptials
  • Postnuptial contract - for when you're already married and realise you should have entered into an antenuptial contract, or you want to amend an existing agreement.
• Deeds Registries Act
• Cohabitation agreement
• Contracts of permanent relationship
• Life partnerships
• Universal partnerships
• Common law partnership - this concept does not exist in South African law

Antenuptial Contracts & other legal unions

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If you want to see how this could end up it's instructive to have a look at an example of how assets are split for an antenuptial with accrual divorce.