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Mutual Divorce Agreement
"I need a Mutual Divorce Agreement for a marriage with two minor children, including arrangements for our jointly-owned business interests and the primary residence in Cape Town, with the divorce to be finalized by March 2025."
1. Parties: Full details of both spouses including full names, identity numbers, current addresses, and occupations
2. Background: Details of the marriage including date and place of marriage, marriage regime, and acknowledgment that the marriage has irretrievably broken down
3. Definitions: Definitions of key terms used throughout the agreement
4. Acknowledgments: Mutual acknowledgment of voluntary participation and understanding of consequences
5. Dissolution of Marriage: Agreement to divorce and basis for the divorce
6. Division of Joint Estate: Details of how all assets and liabilities will be divided between parties
7. Maintenance Obligations: Arrangements regarding spousal maintenance, if any
8. Legal Costs: Agreement on how the costs of the divorce will be handled
9. General Provisions: Standard clauses including entire agreement, amendments, governing law, and jurisdiction
10. Signatures: Signature block for both parties and witnesses
1. Children: Required if there are minor children - covers custody, access, maintenance, and other child-related matters
2. Pension Interests: Required if either party has pension or retirement funds to be divided
3. Business Interests: Required if there are joint business interests or shareholdings to be divided
4. Foreign Assets: Required if there are assets in other countries that need to be addressed
5. Life Insurance: Optional section dealing with existing life insurance policies and beneficiary arrangements
6. Medical Aid: Required if there are ongoing medical aid arrangements to be addressed
7. Restraint of Trade: Required if there are business interests requiring protection post-divorce
8. Confidentiality: Optional section for high-profile divorces or where privacy is a particular concern
1. Schedule A - Movable Assets: Detailed list of all movable assets and their agreed distribution
2. Schedule B - Immovable Property: Details of all real estate and their agreed distribution
3. Schedule C - Financial Accounts: List of all bank accounts, investments, and their distribution
4. Schedule D - Parenting Plan: Detailed parenting plan if children are involved
5. Schedule E - Debt Schedule: List of all liabilities and their allocation between parties
6. Appendix 1 - Marriage Certificate: Copy of the marriage certificate
7. Appendix 2 - Asset Valuations: Professional valuations of significant assets where applicable
8. Appendix 3 - Children's Birth Certificates: Copies of children's birth certificates if applicable
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