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1. Parties: Full details of both spouses including full names, identity numbers, and current residential addresses
2. Background: Details of the marriage, including date and property regime, reason for divorce, and brief overview of property ownership
3. Definitions: Definitions of key terms used throughout the agreement, including property-related terminology
4. Interpretation: Rules for interpreting the agreement, including general principles and resolving conflicts
5. Division of the Immovable Property: Detailed provisions regarding the division, transfer, or retention of immovable property
6. Transfer Costs and Process: Allocation of transfer costs, timeline for transfer, and responsibilities of each party
7. Occupancy Rights: Terms regarding occupation of the property pending transfer or sale
8. Maintenance and Utilities: Responsibilities for property maintenance, rates, taxes, and utility payments
9. General Obligations: General obligations of both parties regarding the property and settlement
10. Dispute Resolution: Process for resolving any disputes relating to the property or agreement terms
11. Governing Law: Confirmation that South African law governs the agreement
12. General Provisions: Standard clauses including entire agreement, variation, and severability
1. Mortgage Bond Provisions: Include when there is an existing mortgage bond on the property, detailing responsibility for payments and refinancing arrangements
2. Rental Income: Include when the property generates rental income, specifying how it will be divided
3. Property Sale Provisions: Include when the property is to be sold rather than transferred to one party
4. Rights of First Refusal: Include when parties agree to give each other first option to purchase if property is sold in future
5. Property Development Provisions: Include when property is under development or renovation
6. Minor Children's Interests: Include when property arrangements affect minor children's living arrangements
7. Tax Implications: Include when there are significant tax consequences to the property transfer
8. Foreign Property Provisions: Include when parties own additional property in other jurisdictions
1. Schedule A - Property Description: Detailed description of the immovable property including erf number, title deed number, and physical address
2. Schedule B - Valuation Report: Professional valuation report of the property
3. Schedule C - Outstanding Mortgage Details: Details of any mortgage bonds, including account numbers and outstanding amounts
4. Schedule D - Maintenance Schedule: Detailed breakdown of maintenance responsibilities and costs
5. Schedule E - Transfer Timeline: Timeline for property transfer process and key milestones
6. Appendix 1 - Title Deed Copy: Copy of the current title deed
7. Appendix 2 - Property Plans: Building plans and property diagrams
8. Appendix 3 - Mortgage Statement: Recent mortgage statement showing outstanding balance
9. Appendix 4 - Municipal Account: Recent municipal account showing rates and taxes status
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