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Divorce After Separation Agreement Template for South Africa

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Key Requirements PROMPT example:

Divorce After Separation Agreement

"I need a Divorce After Separation Agreement for a marriage out of community of property, where both parties own separate businesses and have agreed to a clean break with no ongoing maintenance, to be finalized by March 2025."

Document background
The Divorce After Separation Agreement is a crucial legal document used in South African divorce proceedings where parties have already separated and wish to formalize their divorce terms. This agreement is drafted in accordance with the Divorce Act 70 of 1979 and other relevant South African legislation, including the Matrimonial Property Act and Children's Act where applicable. It is typically prepared after the parties have lived separately and have reached consensus on key aspects of their divorce settlement. The document comprehensively addresses asset division, maintenance obligations, children's arrangements (if applicable), and other material aspects of the divorce settlement. It serves as both a roadmap for the divorce process and a binding agreement that can be made an order of court during the divorce proceedings. The agreement is particularly useful in uncontested divorces where parties seek to streamline the legal process and maintain amicable relations.
Suggested Sections

1. Parties: Identification and details of both spouses entering into the agreement

2. Background: History of the marriage, date of separation, and reasons for divorce

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

4. Acknowledgment of Separation: Formal recognition of the parties' separation and intention to divorce

5. Basis of Agreement: Statement that this agreement represents a full and final settlement

6. Division of Assets: Comprehensive arrangement for the division of all marital assets

7. Division of Liabilities: Allocation of responsibility for all existing debts and liabilities

8. Maintenance Obligations: Terms of any spousal maintenance/support arrangements

9. Legal Proceedings: Agreement on approach to divorce proceedings and cost allocation

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

11. Signatures: Execution clause and space for parties' signatures and witnesses

Optional Sections

1. Care and Contact of Children: Required when there are minor children, covering custody, visitation, and decision-making rights

2. Child Maintenance: Required when there are minor children, detailing financial support arrangements

3. Pension Sharing: Required when pension interests need to be divided

4. Business Interests: Required when either party owns business interests that need to be addressed

5. International Assets: Required when parties have assets in multiple jurisdictions

6. Future Dispute Resolution: Optional mechanism for resolving future disputes through mediation or arbitration

7. Tax Provisions: Required when there are significant tax implications to be addressed

8. Life Insurance: Required when maintaining life insurance policies is part of the settlement

9. Restraint of Trade: Required when business interests necessitate non-compete provisions

Suggested Schedules

1. Schedule A - Asset Register: Detailed inventory of all marital assets and their agreed values

2. Schedule B - Liability Register: Comprehensive list of all debts and financial obligations

3. Schedule C - Children's Expenses: Detailed breakdown of children's expenses and cost allocation

4. Schedule D - Property Details: Specific details of immovable property including transfer arrangements

5. Schedule E - Maintenance Calculation: Detailed calculation of maintenance amounts and payment terms

6. Appendix 1 - Financial Disclosures: Sworn statements of both parties' financial positions

7. Appendix 2 - Parenting Plan: Detailed plan for co-parenting arrangements if children are involved

8. Appendix 3 - Pension Valuations: Professional valuations of pension interests

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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