The court may decide that your agreement is invalid if the court finds that it would cause “serious injustices”, even if the agreement complies with the particular requirements. De facto couples who had entered into contracting out agreements before 1 February 2002 pending the entry into force of the Law had to comply with the special procedural rules when they concluded their agreement on 1 August 2001 or after the entry into force of the Act. Otherwise, the agreement concluded is not valid. A contractual agreement can be concluded at any time: at the conclusion of a relationship, during it or at the end of the relationship. Agreements are often used by couples who later in life form a second or subsequent relationship, especially when they already have an essential fortune that they wish to keep as their own separate property. However, it is important that an agreement is made before the relationship or marriage/life partnership lasts three years, as rights change at that time. A couple may choose to divide their property differently from what it provides in the Property (Relationsships) Act. They can do this by entering into a contract (sometimes called a “marriage contract” or “pre-nup”) that states how they wish to share the property. The use of a contractual agreement is the only binding way to divide property when a relationship ends, except in court and by requisitioning judgments. You can register the agreement in family court as a “consent decision”. This makes it legally enforceable, like a court order.
Just as assets can be either a relational property or a separate property, debt can be classified as a relational debt or a personal debt. The responsibility for the relationship debt is shared, but the personal debt remains the responsibility of the person who contracted it. When a short-term marriage or partnership (even if it is very short) is terminated by death, it is treated as a long-term marriage or civil union. The surviving partner has the same rights to an equal share of ownership of the relationship, unless the court finds it unfair. There are important requirements that must be met if the agreement is to be valid: if an agreement provides for the division of ownership established during the relationship, but allows any partner to retain ownership that before the beginning of the relationship or property they inherit, it is unlikely to be disturbed. . . .