The Domestic Agreement serves as a crucial legal instrument in South African family law, designed for couples who share a domestic life but may not be formally married. This document becomes especially important given South Africa's recognition of various forms of domestic partnerships under the Civil Union Act and related legislation. It provides legal certainty regarding property rights, financial obligations, and household responsibilities, while offering protection in case of relationship breakdown. The agreement should comply with South African constitutional principles and relevant legislation, including the Protection of Personal Information Act and the Domestic Violence Act where applicable. It's particularly valuable for partners wanting to formalize their domestic arrangements while maintaining clear boundaries regarding assets, responsibilities, and mutual obligations.
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1. Parties: Full details and identification of all parties to the agreement
2. Background: Context of the relationship and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Nature of Relationship: Definition and acknowledgment of the domestic relationship
5. Commencement and Duration: When the agreement takes effect and duration of validity
6. Financial Arrangements: Day-to-day financial responsibilities and arrangements
7. Property Rights: Division and ownership of property during the relationship
8. Household Expenses: Agreement on sharing and payment of household expenses
9. Separate Property: Identification and protection of individually owned property
10. Termination: Circumstances and process for ending the agreement
11. Dispute Resolution: Process for resolving disputes between parties
12. General Provisions: Standard legal clauses including governing law, amendments, and notices
13. Signing: Execution clause and signature blocks
1. Children: Arrangements regarding care, contact, and financial responsibility for children
2. Pets: Arrangements for pet ownership and care responsibilities
3. Business Interests: Provisions regarding shared business interests or ventures
4. Medical Aid and Insurance: Arrangements for medical coverage and insurance policies
5. Death and Inheritance: Provisions regarding inheritance rights and death benefits
6. Religious and Cultural Practices: Agreements regarding religious or cultural observances
7. Power of Attorney: Mutual powers of attorney for specific circumstances
8. Domestic Workers: Arrangements regarding employment of domestic workers
9. Social Media and Privacy: Agreement on social media usage and privacy expectations
1. Schedule A - Asset Register: Detailed list of all assets owned by each party at commencement
2. Schedule B - Household Inventory: List of shared household items and their agreed ownership
3. Schedule C - Financial Obligations: List of existing financial obligations and responsibilities
4. Schedule D - Contact Details: Important contact details including emergency contacts and next of kin
5. Schedule E - Household Budget: Agreed monthly budget and expense allocation
6. Appendix 1 - Property Documents: Copies of property ownership documents or lease agreements
7. Appendix 2 - Financial Records: Relevant financial statements or records
8. Appendix 3 - Medical Information: Important medical information and healthcare preferences
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