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Divorce Custody Agreement Template for South Africa

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Key Requirements PROMPT example:

Divorce Custody Agreement

"I need a Divorce Custody Agreement for shared custody of two children (ages 8 and 11), with primary residence with me but equal holiday time, and specific provisions for international travel as their father frequently works in Namibia."

Document background
The Divorce Custody Agreement is a crucial legal document used in South African divorce proceedings where minor children are involved. It is required when parents are separating or divorcing and need to formalize arrangements regarding their children's care, custody, and maintenance. The agreement must comply with the Children's Act 38 of 2005, the Divorce Act 70 of 1979, and other relevant South African legislation. This document typically follows divorce proceedings or can be drafted during separation, requiring approval from the High Court to ensure it serves the best interests of the children. It contains detailed provisions for primary residence, contact schedules, decision-making authority, financial responsibilities, and dispute resolution mechanisms. The agreement may need review and endorsement by the Family Advocate's office before court approval.
Suggested Sections

1. Parties: Full details of both parents including their full names, identity numbers, physical addresses, and contact information

2. Background: Brief history of the marriage, divorce status, and existing arrangements regarding the children

3. Definitions: Clear definitions of key terms used throughout the agreement including 'primary residence,' 'contact,' 'parental responsibilities,' etc.

4. Details of Children: Full names, dates of birth, and identity numbers of all children covered by the agreement

5. Primary Residence: Specification of which parent will be the primary residence holder and the residential address of the children

6. Contact Arrangements: Detailed schedule of when and how each parent will have contact with the children, including regular weekly arrangements and holidays

7. Parental Responsibilities and Rights: Outline of how major decisions regarding the children will be made and shared between parents

8. Financial Arrangements: Details of child maintenance, including amount, payment dates, and how additional expenses will be shared

9. Medical Care and Education: Arrangements for medical care, choice of schools, and decision-making regarding education

10. Communication: How parents will communicate regarding the children and share important information

11. Dispute Resolution: Process for resolving disagreements about the interpretation or implementation of the agreement

12. Amendment Clause: Process for making changes to the agreement

13. General Provisions: Standard legal clauses including governing law, entire agreement, and severability

Optional Sections

1. International Travel: Required when there's likelihood of international travel or when one parent lives abroad

2. Religious Upbringing: Include when parents have specific agreements about religious education or practices

3. Special Needs Provisions: Required when any child has special medical, educational, or other needs requiring specific arrangements

4. Grandparents' Rights: Include when there are specific arrangements for grandparent contact or involvement

5. Relocation Provisions: Include when there's possibility of future relocation by either parent

6. Step-Parent Relationships: Include when either parent has new partners who play a significant role in the children's lives

7. Cultural Considerations: Include when specific cultural practices or traditions need to be maintained

8. Social Media and Privacy: Include guidelines for sharing children's information and images on social media

Suggested Schedules

1. Schedule A - Contact Calendar: Detailed calendar showing regular contact arrangements, including weekends, holidays, and special occasions

2. Schedule B - Holiday Schedule: Specific arrangements for school holidays, religious holidays, and other special occasions

3. Schedule C - Financial Schedule: Detailed breakdown of regular and additional expenses, including education, medical, and extracurricular activities

4. Schedule D - Medical Information: List of medical conditions, medications, and healthcare providers

5. Schedule E - Education Information: Details of current schools, extra-curricular activities, and specific educational requirements

6. Appendix 1 - Communication Protocol: Detailed guidelines for parent-to-parent communication and information sharing

7. Appendix 2 - Emergency Contacts: List of emergency contacts and procedures

8. Appendix 3 - Parenting Guidelines: Agreed-upon parenting principles and practices

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































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Relevant Industries

Legal Services

Social Services

Family Law

Child Welfare

Education

Healthcare

Public Sector

Professional Services

Dispute Resolution

Relevant Teams

Legal

Family Law

Litigation

Social Services

Child Welfare

Dispute Resolution

Document Management

Court Administration

Client Relations

Mediation

Relevant Roles

Family Law Attorney

Legal Counsel

Family Court Judge

Family Advocate

Social Worker

Child Welfare Officer

Mediator

Legal Administrator

Paralegal

Court Registrar

Child Psychologist

Family Counselor

Legal Secretary

Commissioner of Oaths

Industries







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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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