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Generic Divorce Agreement
"I need a Generic Divorce Agreement for a marriage in community of property with two minor children, including comprehensive parenting plan and maintenance calculations, to be finalized by March 2025."
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1. Parties: Full details and domicilium citandi et executandi of both spouses
2. Background: Details of the marriage, including date, place, regime, and brief context for divorce
3. Definitions: Definitions of key terms used throughout the agreement
4. Dissolution of Marriage: Terms regarding the dissolution of marriage and grounds for divorce
5. Division of Joint Estate: Comprehensive arrangement for division of all assets and liabilities
6. Children: Arrangements regarding care, contact, and guardianship of minor children
7. Maintenance: Details of maintenance obligations for children and/or spousal maintenance
8. Legal Costs: Allocation of legal costs related to the divorce proceedings
9. General Provisions: Standard clauses including entire agreement, amendments, governing law, and jurisdiction
1. Pension Interests: Section dealing with division of pension interests, required if either party has pension/retirement funds
2. Foreign Assets: Specific provisions for assets held outside South Africa, needed if parties have international holdings
3. Business Interests: Arrangements regarding shared business interests or companies, included if parties have joint business ventures
4. Religious Matters: Specific provisions regarding religious divorce requirements, needed for religious marriages
5. Restraint of Trade: Provisions preventing competition in shared business interests, needed if parties operated business together
6. Trust Interests: Arrangements regarding trust assets and beneficiary rights, needed if parties have trust interests
7. Immigration/Citizenship: Provisions regarding residency or citizenship matters, needed for international marriages
1. Schedule A - Assets and Liabilities: Detailed inventory of all assets and liabilities with agreed division
2. Schedule B - Maintenance Calculations: Detailed breakdown of maintenance calculations and payment arrangements
3. Schedule C - Parenting Plan: Comprehensive parenting plan including care arrangements, contact schedules, and holiday arrangements
4. Schedule D - Personal Effects: List of personal belongings and their allocation between parties
5. Schedule E - Insurance Policies: Details of life, medical, and other insurance policies and their treatment
6. Appendix 1 - Children's Education Plan: Detailed arrangements for children's education including costs and responsibilities
7. Appendix 2 - Property Valuations: Professional valuations of major assets such as properties and businesses
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