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Services are available to help individuals create prenuptial and postnuptial agreements in South Africa. These agreements are contracts that establish a fair and enforceable division of assets in the event of a divorce.
A prenuptial agreement is a legal agreement entered into by two people before they get married. It sets out the terms and conditions of their marriage, including how assets and debts will be divided in the event of a divorce.
A postnuptial agreement is a legal agreement entered into by two people after they get married. It sets out the terms and conditions of their marriage, including how assets and debts will be divided in the event of a divorce.
Yes, prenuptial and postnuptial agreements are legally binding in South Africa, as long as they are entered into voluntarily, without fraud, coercion or undue influence, and are not against public policy.
A prenuptial or postnuptial agreement can include provisions relating to the division of assets and debts in the event of a divorce, as well as spousal maintenance, inheritance, and any other matters that the parties wish to regulate.
No, prenuptial and postnuptial agreements do not have to be registered with the courts in South Africa, but it is advisable to have them drafted by a lawyer to ensure that they are legally binding and enforceable.
Yes, prenuptial and postnuptial agreements can be changed or revoked by agreement between the parties, as long as the changes are made voluntarily, without fraud, coercion or undue influence.
While it is not a legal requirement to have a lawyer draft a prenuptial or postnuptial agreement, it is advisable to do so to ensure that the agreement is legally binding and enforceable. A lawyer can also provide advice on the legal implications of the agreement.
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