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Uncontested Separation Agreement
"I need an Uncontested Separation Agreement for a marriage out of community of property, with the separation to take effect from March 1, 2025, including division of our jointly owned property in Cape Town and arrangements for our shared investment portfolio."
1. Parties: Identification and details of both spouses entering into the separation agreement
2. Background: Details of the marriage, including date, location, and marriage regime (in/out of community of property)
3. Definitions: Definitions of key terms used throughout the agreement
4. Date of Separation: Specified date from which the separation takes effect
5. Living Arrangements: Details of physical separation and residence arrangements
6. Financial Arrangements: General financial obligations and arrangements between parties
7. Division of Assets: Agreement on how joint assets will be divided
8. Division of Liabilities: Agreement on how joint debts and liabilities will be handled
9. Maintenance: Arrangements for spousal maintenance/support if applicable
10. Tax Matters: Agreement on handling tax obligations and returns
11. Dispute Resolution: Process for resolving any future disputes regarding the agreement
12. Amendment Provisions: Procedures for modifying the agreement
13. Governing Law: Confirmation that South African law governs the agreement
14. General Provisions: Standard legal provisions including severability and entire agreement clauses
1. Children Arrangements: Required if the couple has minor children - covers custody, access, and child maintenance
2. Pension and Retirement Funds: Required if either party has pension or retirement benefits to be divided
3. Business Interests: Required if either party owns a business or shares in a business
4. Overseas Assets: Required if the couple owns assets in other countries
5. Medical Aid: Required if there are ongoing medical aid arrangements to be addressed
6. Insurance Policies: Required if there are life insurance or other policies to be dealt with
7. Pets: Required if there are pets whose custody needs to be determined
8. Intellectual Property: Required if either party has intellectual property rights to be addressed
1. Schedule A - Asset Register: Detailed listing of all assets owned by the parties and their agreed division
2. Schedule B - Liability Register: Detailed listing of all debts and liabilities and their agreed allocation
3. Schedule C - Household Contents: Itemized list of household contents and their division
4. Schedule D - Children's Arrangements: Detailed parenting plan including contact schedules and special arrangements
5. Schedule E - Financial Obligations: Detailed breakdown of ongoing financial obligations and payment schedules
6. Appendix 1 - Marriage Certificate: Copy of the marriage certificate
7. Appendix 2 - Property Valuations: Professional valuations of major assets if applicable
8. Appendix 3 - Financial Statements: Recent financial statements and tax returns of both parties
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