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Informal Separation Agreement
"I need an Informal Separation Agreement under South African law for a couple married in community of property, separating from January 2025, with main concerns being the division of a jointly-owned property in Cape Town and two vehicles."
1. Parties: Full details and identification of both spouses, including full names, identity numbers, and current residential addresses
2. Background: Brief history of the marriage, including date and place of marriage, marriage regime, and reasons for separation
3. Definitions: Definitions of key terms used throughout the agreement
4. Date of Separation: Official date from which the separation takes effect and its legal implications
5. Living Arrangements: Details of who will occupy the marital home and arrangements for separate residences
6. Financial Arrangements: General principles of financial separation, including responsibility for household expenses and joint accounts
7. Division of Property: General principles for division of movable and immovable property
8. Maintenance: Arrangements for spousal maintenance, if applicable
9. Duration of Agreement: Period for which the agreement will be valid and circumstances for review
10. Dispute Resolution: Process for resolving any disputes that may arise under the agreement
11. Legal Status: Statement regarding the legal status of the agreement and its relationship to any future divorce proceedings
12. Signatures: Space for parties' signatures, witnesses, and date of signing
1. Children Arrangements: Used when there are minor children, covering custody, access, maintenance, and education arrangements
2. Pets: Include when there are pets to determine custody and care arrangements
3. Business Interests: Required when parties have joint business interests or shared commercial properties
4. Medical Aid and Insurance: Include when there are shared insurance policies or medical aid schemes
5. Religious/Cultural Considerations: Include when specific religious or cultural practices need to be addressed
6. Tax Arrangements: Include when there are significant tax implications to be addressed
7. Foreign Assets: Required when parties have assets in other countries
8. Confidentiality: Include when parties wish to keep the terms of separation private
9. Future Divorce Proceedings: Include when parties want to specify arrangements for potential future divorce
1. Schedule A - Asset Register: Detailed list of all joint and individual assets with agreed division
2. Schedule B - Liability Register: Comprehensive list of all debts and financial obligations with agreed responsibility
3. Schedule C - Household Items Division: Detailed inventory and division of household contents
4. Schedule D - Children's Schedule: Detailed parenting plan including visitation schedules and special arrangements
5. Schedule E - Maintenance Calculations: Detailed breakdown of maintenance calculations and payment arrangements
6. Appendix 1 - Financial Statements: Current financial statements of both parties
7. Appendix 2 - Property Valuations: Professional valuations of major assets if applicable
8. Appendix 3 - Supporting Documents: Copies of relevant certificates, title deeds, and other supporting documentation
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