Sample Text Postnuptial Agreement

 

Antenuptial contract following an application in terms of Section 21 (1) of the Matrimonial Property Act 88 of 1984 for leave to change the matrimonial regime

 

Protocol No.

ANTENUPTIAL CONTRACT

BE IT HEREBY MADE KNOWN

THAT on this (day) day of (month) in the year of Our Lord One Thousand Nine Hundred and (year) (19 ) before me, (name of Notary), Notary Public, sworn and admitted according to law and residing and practising in (city and province), Republic of South Africa, and in the presence of the subscribing witnesses, personally appeared

(name of husband)

Identity Number (insert number)

married in community of property to (name of wife)

and

(name of wife)

Identity Number (insert number)

married in community of property (name of husband)

AND the Appearers declared that:–

WHEREAS the said (name of husband) and (name of wife) (hereinafter called “the parties”) were married to each other in community of property at (place) on (day, month and year);

AND WHEREAS the parties wish to execute a Notarial Contract in terms of Section 21 (1) of Matrimonial Property Act 88 of 1984 (the “Act”);

AND WHEREAS the parties are authorised to do so in terms of an Order dated (date) of the Supreme Court of South Africa, (name of Division) under case number (number).

NOW THEREFORE the presents witness that with effect from the date of registration hereof the parties have agreed that:–

1  There shall be no community of property between the parties so that each shall respectively and to the exclusion of any right of the other, retain and possess all his or her own property, and that neither of them shall be answerable for the debts and obligations of the other;

2  There shall be no community of profit and loss between the parties;

3  The accrual system referred to in Chapter 1 of the Act shall apply to their marriage;

4  For the purposes of Section 6 of the Act, the commencement value of their respective estates at the date of execution hereof shall be deemed to be:–

(name of intended husband)

:    (commencement value)

(name of intended wife)

:

(commencement value)

5  Nothing herein contained shall prejudice any rights of the creditors of the parties hereto as may have arisen prior to the registration of this contract.

SIGNED at (place) on the day, month and year first aforewritten in the presence of the subscribing witnesses and of me, the Notary.

     

As witnesses:

 

 

 

1  

 

(Signature of husband)

2  

 

 

(Signatures of witnesses)

 

(Signature of wife)

Before me,

NOTARY PUBLIC

NOTE

1.

The registration of this contract would need to be preceded by an Application to the Supreme Court in terms of Section 21(1) of the Matrimonial Property Act 88 of 1984 for leave to change the matrimonial regime applicable to the marriage.

2.

Where the parties choose to exclude Chapter 1 of the Matrimonial Property Act 88 of 1984 viz: the accrual system, this would be specified in clause 3 of this precedent. Clause 4 of this precedent would then fall away as it would not be applicable.



 

Friday, 03 February 2017 Posted in Antenuptial Contract Examples

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