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Agreement For Divorce On Mutual Consent
"I need an Agreement For Divorce On Mutual Consent under South African law for a marriage in community of property, with division of a joint estate including a primary residence and pension interests, but no children involved."
1. Parties: Full details of both spouses including full names, identity numbers, current addresses, and occupation
2. Background: Details of the marriage including date and place of marriage, marriage regime, and confirmation that the marriage has irretrievably broken down
3. Definitions: Definitions of key terms used throughout the agreement
4. Acknowledgments: Confirmation that both parties enter into the agreement freely and voluntarily, understanding its contents and consequences
5. Dissolution of Marriage: Agreement to divorce and confirmation that the marriage has irretrievably broken down
6. Division of Joint Estate: General principles for division of the joint estate or confirmation of separation of estates
7. Legal Costs: Agreement on how the costs of the divorce proceedings will be borne
8. General Provisions: Standard clauses including entire agreement, amendments, governing law, and jurisdiction
9. Signing Requirements: Execution requirements including witnesses and dates
1. Children: Required if there are minor children - includes primary residence, contact arrangements, and maintenance obligations
2. Maintenance of Spouses: Required if there is any spousal maintenance agreement
3. Pension Interests: Required if there are pension interests to be divided
4. Business Interests: Required if either party has business interests that need to be addressed
5. Immovable Property: Required if there is joint property or property transfer arrangements
6. Family Violence: Required if there are any protection orders or related matters to be addressed
7. Immigration Status: Required if either party's residence status is affected by the divorce
8. Religious Aspects: Required for marriages with religious components requiring specific dissolution procedures
1. Schedule A - Asset Division: Detailed list of all assets and their agreed division
2. Schedule B - Liability Division: Detailed list of all liabilities and their agreed division
3. Schedule C - Parenting Plan: Detailed parenting arrangements including contact schedules, holidays, and special occasions
4. Schedule D - Maintenance Calculations: Detailed calculations for child and/or spousal maintenance
5. Appendix 1 - Property Valuations: Professional valuations of significant assets
6. Appendix 2 - Financial Statements: Recent financial statements of both parties
7. Appendix 3 - Children's Expenses: Detailed breakdown of children's expenses and needs
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