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Consent Decree Divorce Template for South Africa

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Key Requirements PROMPT example:

Consent Decree Divorce

"I need a Consent Decree Divorce agreement for a marriage out of community of property, where both parties have agreed to a clean break with no maintenance obligations and want the divorce to be finalized by March 2025."

Document background
The Consent Decree Divorce is a fundamental legal document in South African family law, used when both spouses agree to divorce and have reached consensus on all terms of their separation. This type of divorce document is preferred when parties wish to expedite proceedings and minimize legal costs, while ensuring all legal requirements under South African law are met. The document must address all aspects required by the Divorce Act 70 of 1979 and related legislation, including division of assets, maintenance arrangements, and child custody where applicable. It's particularly useful in uncontested divorces where both parties maintain an amicable relationship and can agree on settlement terms. The document requires court approval but typically results in faster processing than contested divorces, making it an efficient solution for marriage dissolution in South Africa.
Suggested Sections

1. Parties: Full legal names, identity numbers, and current addresses of both spouses

2. Background: Details of the marriage including date, place, and regime (in/out of community of property)

3. Definitions: Definitions of key terms used throughout the agreement

4. Jurisdiction: Confirmation of the court's jurisdiction to handle the divorce

5. Grounds for Divorce: Statement of irretrievable breakdown and mutual consent to divorce

6. Legal Recognition: Acknowledgment that both parties understand their rights and obligations

7. Legal Representation: Declaration regarding legal representation or waiver thereof

8. Settlement Terms: Overview of the agreed settlement terms

9. Division of Joint Estate: General principles for division of the joint estate

10. Costs: Agreement on who bears the legal costs of the divorce

11. General Provisions: Standard legal clauses including entire agreement, amendments, and governing law

12. Signatures: Signature block for both parties and witnesses

Optional Sections

1. Children of the Marriage: Details regarding custody, access, and maintenance of minor children - included when there are children from the marriage

2. Maintenance of Spouses: Terms of spousal maintenance/support - included when spousal maintenance is agreed upon

3. Pension Interests: Division of pension interests - included when either party has pension funds to be divided

4. Business Interests: Agreement regarding any shared business interests - included when parties have joint business ventures

5. Restraining Orders: Mutual restraining orders if needed - included when there are concerns about harassment or interference

6. Religious Divorce: Provisions for religious divorce proceedings - included for marriages with religious components

7. Foreign Assets: Provisions dealing with offshore assets - included when parties have assets in other countries

8. Insurance Policies: Arrangements regarding life insurance policies - included when there are joint policies or beneficiary changes needed

Suggested Schedules

1. Schedule A - Movable Assets: Detailed list of movable assets and their agreed division

2. Schedule B - Immovable Property: Details of all immovable property and agreed disposition

3. Schedule C - Financial Accounts: List of all bank accounts, investments, and their agreed division

4. Schedule D - Parenting Plan: Detailed parenting plan if children are involved

5. Schedule E - Maintenance Schedule: Detailed schedule of maintenance payments and terms

6. Appendix 1 - Marriage Certificate: Copy of the marriage certificate

7. Appendix 2 - Identity Documents: Copies of both parties' identity documents

8. Appendix 3 - Asset Valuations: Professional valuations of significant assets where applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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