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Divorce Parenting Agreement

Divorce Parenting Agreement Template for South Africa

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Key Requirements PROMPT example:

Divorce Parenting Agreement

"I need a Divorce Parenting Agreement for three children with shared custody arrangements, including provisions for international travel as I frequently work in Europe, with the agreement to take effect from March 2025."

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Document background
The Divorce Parenting Agreement is a crucial legal document used in South African divorce proceedings where minor children are involved. It serves as a detailed roadmap for co-parenting after divorce, addressing all aspects of children's care and upbringing in accordance with the Children's Act 38 of 2005 and the Divorce Act 70 of 1979. This agreement should be prepared when parents are divorcing or separating and need to formalize arrangements regarding their children's care, contact, education, healthcare, and financial support. It must be reviewed by the Family Advocate's office and approved by the High Court as part of the divorce settlement. The document's primary focus is ensuring children's best interests are protected while providing clear guidelines for parents to follow in their co-parenting journey.
Suggested Sections

1. Parties: Identification of the parents and children involved in the agreement

2. Background: Brief context of the divorce and purpose of the agreement

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

4. Best Interests of the Children: Statement of commitment to prioritizing children's best interests and general principles

5. Parental Rights and Responsibilities: Overview of shared parental rights and responsibilities as per Children's Act

6. Primary Residence: Designation of primary residence and living arrangements

7. Contact Arrangements: Detailed schedule of contact time with each parent, including holidays and special occasions

8. Communication: Rules for communication between parents and with children

9. Education: Arrangements regarding schooling, extra-curricular activities, and educational decisions

10. Medical Care: Healthcare decisions, medical aid, and emergency procedures

11. Financial Responsibilities: Division of expenses and maintenance obligations

12. Dispute Resolution: Process for resolving disagreements and modifications to the agreement

13. Review and Modification: Provisions for reviewing and updating the agreement as children's needs change

Optional Sections

1. Religious and Cultural Practices: Arrangements for religious education and cultural practices when parents have different beliefs

2. International Travel: Procedures for international travel and passport control when relevant

3. Special Needs Provisions: Additional arrangements for children with special needs or medical conditions

4. Relocation Provisions: Procedures and requirements if either parent wishes to relocate

5. Extended Family Contact: Arrangements for maintaining relationships with grandparents and other extended family

6. Social Media and Privacy: Guidelines for sharing children's information and photos on social media

7. Therapy and Counseling: Provisions for psychological support and counseling if needed

Suggested Schedules

1. Schedule A - Contact Calendar: Detailed calendar showing regular contact arrangements, holidays, and special occasions

2. Schedule B - Financial Schedule: Breakdown of regular expenses and payment responsibilities

3. Schedule C - Medical Information: Children's medical history, allergies, and emergency contacts

4. Schedule D - Education Details: Current school information, extra-curricular activities, and associated costs

5. Appendix 1 - Communication Protocol: Detailed guidelines for parent-to-parent and parent-child communication

6. Appendix 2 - Emergency Procedures: Step-by-step procedures for various emergency situations

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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Client Relations

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Mediator

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Paralegal

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