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Marriage Separation Agreement Template for South Africa

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Key Requirements PROMPT example:

Marriage Separation Agreement

"I need a Marriage Separation Agreement for a couple married in community of property with two minor children, including arrangements for a family business and shared overseas property, with the separation planned for March 2025."

Document background
The Marriage Separation Agreement is a crucial legal document used in South Africa when married couples decide to live separately but are not yet pursuing divorce proceedings. This agreement serves as an interim arrangement that provides legal structure and certainty during the separation period. It must comply with South African matrimonial law, particularly the Divorce Act 70 of 1979, the Matrimonial Property Act 88 of 1984, and where applicable, the Children's Act 38 of 2005. The document typically includes comprehensive provisions for asset division, financial arrangements, maintenance obligations, and child care arrangements if relevant. While not all separating couples opt for a formal agreement, it is highly recommended as it provides clear guidelines for the separation period and can be incorporated into eventual divorce proceedings if the separation leads to divorce.
Suggested Sections

1. Parties: Full details of both spouses, including full names, identity numbers, and current residential addresses

2. Background: Details of the marriage including date, place, regime (in/out of community of property), and reason for separation

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

4. Separation Declaration: Formal declaration of the parties' intention to live separately and details of the separation date

5. Division of Assets: Comprehensive arrangement for the division of joint and separate property

6. Financial Arrangements: Details of financial settlements, including pension sharing, investments, and savings

7. Maintenance Provisions: Arrangements for spousal maintenance/support, if applicable

8. Legal Proceedings: Agreement regarding future divorce proceedings and legal processes

9. Tax Matters: Arrangements regarding tax liabilities and responsibilities

10. General Provisions: Standard clauses including governing law, entire agreement, and amendment provisions

11. Execution: Signature clauses and witness requirements

Optional Sections

1. Children Arrangements: Required if the couple has children - covers custody, access, maintenance, and education arrangements

2. Business Interests: Required if either party owns business interests - details their division or continued operation

3. Intellectual Property: Required if there are IP rights to be divided or assigned

4. Pets and Animals: Required if there are pets to be considered - details custody and care arrangements

5. International Assets: Required if there are overseas assets or international considerations

6. Religious Matters: Required for religious marriages or where religious divorce proceedings are relevant

7. Restraint of Trade: Required if either party needs to be restricted from competing in business

8. Dispute Resolution: Optional section detailing mediation or arbitration procedures for future disputes

Suggested Schedules

1. Schedule A - Immovable Property: Detailed list and division of all real estate properties

2. Schedule B - Movable Property: Comprehensive list of vehicles, furniture, and other movable assets

3. Schedule C - Financial Accounts: List of all bank accounts, investments, and financial products

4. Schedule D - Debts and Liabilities: Schedule of all joint and separate debts and their allocation

5. Schedule E - Children's Arrangements: Detailed parenting plan and access schedule if applicable

6. Schedule F - Maintenance Calculations: Detailed calculations for spousal and/or child maintenance

7. Appendix 1 - Asset Valuations: Professional valuations of significant assets

8. Appendix 2 - Business Valuations: Professional valuations of business interests if applicable

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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Industries






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