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Divorce Letter Of Intent

Divorce Letter Of Intent Template for South Africa

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Key Requirements PROMPT example:

Divorce Letter Of Intent

"I need a Divorce Letter of Intent for a marriage with two minor children, including preliminary agreements on shared custody and the division of our family home, aiming to start proceedings by March 2025."

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Document background
The Divorce Letter of Intent serves as a crucial preliminary document in South African divorce proceedings, typically drafted when spouses have decided to pursue a divorce but before formal legal proceedings commence. This document, while not legally binding, establishes clear intentions and preliminary understandings between parties, helping to streamline the subsequent divorce process. It operates within the framework of South African family law, particularly the Divorce Act 70 of 1979, and can include initial agreements on property division, child custody, and maintenance arrangements. The Letter of Intent is particularly useful in cases where parties wish to document their mutual understanding and basic terms before engaging in formal legal proceedings, potentially simplifying the path to the final divorce settlement.
Suggested Sections

1. Date and Parties: Full names, identification numbers, and current residential addresses of both spouses

2. Marriage Details: Date and place of marriage, marriage regime (in/out of community of property)

3. Declaration of Intent: Clear statement of mutual intention to commence divorce proceedings

4. Grounds for Divorce: Brief statement of grounds (typically irretrievable breakdown of marriage)

5. Basic Terms Acknowledgment: General acknowledgment that divorce will involve division of assets, potential maintenance, and child-related matters

6. Next Steps: Outline of intended immediate actions and timeline for formal proceedings

Optional Sections

1. Preliminary Custody Agreement: Initial proposals regarding children's primary residence and contact arrangements - used when parties have minor children

2. Interim Financial Arrangements: Preliminary agreement on how finances will be handled during the divorce process - used when immediate financial arrangements are necessary

3. Mediation Intention: Statement of intent to use mediation services - used when parties agree to attempt mediation

4. Property Division Principles: Basic principles for division of major assets - used when parties have substantial shared assets

5. Maintenance Considerations: Preliminary thoughts on spousal/child maintenance - used when maintenance will likely be a significant factor

Suggested Schedules

1. Schedule A: Preliminary Asset List: Basic listing of major shared assets and their approximate values

2. Schedule B: Children's Information: Details of minor children including names, ages, and current schooling arrangements

3. Schedule C: Current Financial Summary: Overview of current household income, expenses, and liabilities

4. Appendix 1: Marriage Certificate Copy: Copy of marriage certificate for reference

5. Appendix 2: Existing Agreements: Copies of any existing agreements between parties (e.g., prenuptial agreement)

Authors

Alex Denne

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

alex.den.21@genieai.co
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