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No Fault Separation Agreement
"I need a No Fault Separation Agreement for a marriage in community of property, where both parties own a small business together and want to ensure a clean break in both personal and business relationships by March 2025."
1. Parties: Identification and details of both spouses entering into the separation agreement
2. Background: Brief history of the marriage, including date and place of marriage, and current circumstances leading to separation
3. Definitions: Definitions of key terms used throughout the agreement
4. Date of Separation: Official date from which the separation takes effect
5. Living Arrangements: Details of physical separation and residence arrangements
6. Division of Property: Comprehensive arrangement for division of matrimonial property and assets
7. Financial Arrangements: Details of financial responsibilities, including expenses, debts, and ongoing financial obligations
8. Maintenance Provisions: Arrangements for spousal maintenance/support if applicable
9. Children's Arrangements: Comprehensive provisions for care, contact, and maintenance of children
10. Tax Implications: Agreement on handling tax matters and responsibilities
11. Dispute Resolution: Process for resolving any future disputes regarding the agreement
12. Amendment Provisions: Procedures for modifying the agreement if circumstances change
13. Governing Law: Confirmation that the agreement is governed by South African law
14. Signatures: Execution clause and space for parties' signatures and witnesses
1. Business Interests: Section dealing with separation of business interests, used when parties have shared business ventures
2. Pension and Retirement Benefits: Detailed arrangements for division of pension and retirement benefits, used when applicable
3. Pets and Animals: Arrangements for care and custody of pets, used when couples have shared pets
4. International Assets: Provisions for handling overseas assets, used when parties have international property or investments
5. Medical Aid and Insurance: Arrangements for continued medical coverage and insurance policies, used when shared policies exist
6. Inheritance Rights: Waiver of inheritance rights, used when parties wish to explicitly address inheritance matters
7. Religious Requirements: Special provisions related to religious aspects of separation, used for couples requiring religious considerations
1. Schedule A - Asset Register: Detailed inventory of all matrimonial assets and their agreed division
2. Schedule B - Liability Register: List of all debts and liabilities and their allocation between parties
3. Schedule C - Children's Arrangements: Detailed parenting plan including contact schedules, education, and special arrangements
4. Schedule D - Maintenance Calculations: Detailed breakdown of maintenance calculations and payment arrangements
5. Schedule E - Property Details: Detailed information about immovable property and transfer arrangements
6. Appendix 1 - Financial Statements: Current financial statements of both parties
7. Appendix 2 - Insurance Policies: List of insurance policies and their disposition
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