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Living Together Separation Agreement Template for South Africa

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Key Requirements PROMPT example:

Living Together Separation Agreement

"I need a Living Together Separation Agreement for separating from my partner of 8 years, with provisions for our shared property and joint business venture, to be effective from March 1, 2025."

Document background
The Living Together Separation Agreement is essential for cohabiting partners in South Africa who are ending their domestic partnership. While South African law doesn't provide specific statutory protection for cohabiting relationships, this agreement serves as a crucial legal tool to document the terms of separation and protect both parties' interests. It becomes particularly important given that common law partners don't have the same automatic legal protections as married couples under South African law. The agreement covers critical aspects such as property division, financial arrangements, living situations, and if applicable, child custody arrangements. It's designed to prevent future disputes and provide clarity on all separation terms, while being compliant with South African common law principles and relevant legislation such as the Children's Act when applicable.
Suggested Sections

1. Parties: Full details and identification of both partners entering into the separation agreement

2. Background: History of the relationship, including date cohabitation began, reason for separation, and current living situation

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

4. Date of Separation: Official date of separation and termination of cohabitation

5. Division of Property: Detailed arrangement for division of jointly owned property and assets

6. Financial Settlement: Agreement on any financial settlements, including debt division and ongoing financial obligations

7. Mutual Release: Release of future claims against each other's property or estate

8. Confidentiality: Terms regarding privacy and confidentiality of the relationship and agreement

9. Dispute Resolution: Process for resolving any future disputes regarding the agreement

10. Governing Law: Confirmation that the agreement is governed by South African law

11. General Provisions: Standard clauses including entire agreement, amendments, and severability

Optional Sections

1. Children Arrangements: Details of custody, access, and maintenance arrangements for children (if applicable)

2. Pets and Animals: Arrangements for care and ownership of any shared pets

3. Shared Business Interests: Division or continued operation of any shared business ventures

4. Insurance Policies: Arrangements regarding life, medical, or other insurance policies

5. Rental Property: Arrangements for terminating or transferring rental agreements

6. Vehicle Arrangements: Division and transfer of ownership of any shared vehicles

7. Ongoing Support: Any agreed ongoing financial support between partners

8. Tax Matters: Handling of tax obligations and arrangements

9. Social Media and Digital Assets: Agreement on handling of shared digital assets and social media conduct

Suggested Schedules

1. Schedule A - Asset Register: Comprehensive list of all assets owned jointly or separately

2. Schedule B - Liability Register: List of all debts and liabilities and their agreed division

3. Schedule C - Personal Items: Detailed list of personal items and their agreed distribution

4. Schedule D - Proof of Ownership: Copies of title deeds, registration papers, and other ownership documents

5. Schedule E - Financial Statements: Current financial statements of both parties

6. Appendix 1 - Contact Schedule: Detailed schedule for child contact arrangements if applicable

7. Appendix 2 - Payment Schedule: Schedule of any agreed payments or financial transfers

Authors

Alex Denne

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

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