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Pre Divorce Settlement Agreement Template for South Africa

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Key Requirements PROMPT example:

Pre Divorce Settlement Agreement

"I need a Pre-Divorce Settlement Agreement for a marriage in community of property with two minor children, where the primary assets are a family home, two vehicles, and retirement funds, with the agreement to take effect from March 2025."

Document background
The Pre-Divorce Settlement Agreement is a crucial document in South African family law that serves as a foundational agreement between spouses who have decided to divorce. It is typically prepared when parties have reached consensus on key aspects of their separation but before formal divorce proceedings commence. This agreement comprehensively addresses all material aspects of the divorce settlement, including division of assets and liabilities, maintenance arrangements, and provisions for children if applicable. The document must comply with South African legislation, particularly the Divorce Act 70 of 1979, the Matrimonial Property Act, and the Children's Act when children are involved. While not mandatory, having a Pre-Divorce Settlement Agreement can significantly streamline the divorce process and reduce legal costs by preventing disputes during court proceedings. It provides certainty to both parties and typically forms the basis for the final divorce order.
Suggested Sections

1. Parties: Full details and identification of both spouses entering into the agreement

2. Background: Details of the marriage, including date, location, matrimonial property regime, and reason for separation

3. Definitions: Definitions of key terms used throughout the agreement

4. Acknowledgments: Mutual acknowledgments of voluntary participation and understanding of rights

5. Division of Joint Estate: Comprehensive arrangement for division of all marital assets and liabilities

6. Primary Residence: Arrangements regarding the marital home and any other real estate

7. Vehicles: Distribution of motor vehicles and related obligations

8. Banking and Investments: Division of bank accounts, investments, and retirement funds

9. Personal Effects: Distribution of personal belongings and household items

10. Maintenance Obligations: Arrangements for spousal maintenance, if applicable

11. Children: Arrangements for custody, care, contact, and maintenance of minor children

12. Legal Costs: Allocation of legal costs related to the agreement and subsequent divorce

13. Divorce Action: Agreement on divorce proceedings initiation and cooperation

14. General Provisions: Standard clauses including entire agreement, amendments, and governing law

Optional Sections

1. Business Interests: Division or retention of business interests, used when either party owns a business

2. Overseas Assets: Arrangements for foreign assets and investments, included when parties have international holdings

3. Pension Interest: Specific arrangements for pension fund divisions, used when significant pension interests exist

4. Trust Interests: Arrangements regarding trust assets and benefits, included when parties are trust beneficiaries

5. Intellectual Property: Division of intellectual property rights, used for parties with such assets

6. Life Insurance: Arrangements for life insurance policies and beneficiaries, especially important with minor children

7. Future Inheritance: Agreements regarding future inheritances, used when significant inheritance is expected

8. Religious Requirements: Specific religious divorce requirements, included for marriages with religious components

Suggested Schedules

1. Schedule A - Immovable Property: Detailed list and description of all real estate properties and their agreed distribution

2. Schedule B - Movable Assets: Comprehensive inventory of significant movable assets and their allocation

3. Schedule C - Financial Accounts: List of all bank accounts, investments, and their agreed division

4. Schedule D - Debts and Liabilities: Detailed list of all debts and responsibilities for their settlement

5. Schedule E - Children's Arrangements: Detailed parenting plan including contact schedules and special arrangements

6. Schedule F - Maintenance Calculations: Detailed breakdown of maintenance calculations and payment arrangements

7. Appendix 1 - Supporting Documents: Copies of relevant certificates, title deeds, and other supporting documentation

8. Appendix 2 - Asset Valuations: Professional valuations of significant assets where applicable

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

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