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Mutual Separation Agreement Marriage
"I need a Mutual Separation Agreement Marriage for a South African marriage in community of property, with provisions for joint custody of two minor children and division of a family business, to be effective from March 2025."
1. Parties: Full details and identification of both spouses entering into the agreement
2. Background: Details of the marriage, including date and location of marriage, matrimonial property regime, and reason for separation
3. Definitions: Definitions of key terms used throughout the agreement
4. Acknowledgments: Mutual acknowledgment that the marriage has irretrievably broken down and both parties enter the agreement freely
5. Effective Date: The date when the separation takes effect
6. Division of Assets: Comprehensive arrangement for division of joint assets and confirmation of separate assets
7. Division of Liabilities: Allocation of responsibility for existing debts and liabilities
8. Maintenance Arrangements: Details of any spousal maintenance/support to be paid by either party
9. Tax Matters: Handling of joint tax affairs and future tax responsibilities
10. Legal Proceedings: Agreement regarding the institution of divorce proceedings and approach to be followed
11. Mutual Release: Release of future claims against each other's estates
12. Costs: Allocation of legal costs and other expenses related to the separation
13. General Provisions: Standard clauses including entire agreement, amendments, governing law, and severability
1. Children's Arrangements: Required if there are minor children - covers custody, access, maintenance, and education arrangements
2. Pension Interest: Required if either party has pension/retirement interests to be divided
3. Business Interests: Required if the parties have shared business interests that need to be separated
4. Restraint of Trade: Include if there are business-related restrictions to be imposed on either party
5. International Assets: Required if the parties have assets in multiple jurisdictions
6. Religious Matters: Include if religious divorce proceedings need to be addressed (e.g., Jewish Get)
7. Inheritance Rights: Include if there are specific inheritance matters to be addressed
8. Insurance Policies: Required if there are joint life insurance or other policies to be divided
9. Confidentiality: Include if parties wish to keep the terms of separation private
10. Alternative Dispute Resolution: Include if parties want to specify mediation or arbitration for future disputes
1. Schedule A - Movable Assets: Detailed inventory of all movable assets and their agreed division
2. Schedule B - Immovable Property: Details of all real estate and their agreed disposition
3. Schedule C - Financial Accounts: List of all bank accounts, investments, and their agreed division
4. Schedule D - Personal Effects: Division of personal items, furniture, and household contents
5. Schedule E - Vehicle Schedule: Details of all vehicles and their allocation
6. Schedule F - Outstanding Debts: Comprehensive list of all debts and liabilities
7. Appendix 1 - Parenting Plan: Detailed arrangements for care and contact with children (if applicable)
8. Appendix 2 - Financial Disclosure: Full financial disclosure by both parties
9. Appendix 3 - Pension/Retirement Benefits: Details of pension interests and division arrangements
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