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Temporary Divorce Agreement Template for South Africa

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Key Requirements PROMPT example:

Temporary Divorce Agreement

"I need a Temporary Divorce Agreement for a marriage in community of property with two minor children, including provisions for shared custody and maintenance payments, with the agreement to take effect from March 1, 2025."

Document background
The Temporary Divorce Agreement is a critical document in South African family law, designed to provide structure and clarity during the often complex period between initial separation and final divorce. This agreement becomes necessary when spouses begin divorce proceedings but require immediate arrangements for practical matters before the final divorce order is granted. The document, compliant with South African legislation including the Divorce Act 70 of 1979 and related statutes, typically covers immediate concerns such as living arrangements, financial responsibilities, asset protection, and where applicable, temporary child care arrangements. It serves as a binding agreement until superseded by the final divorce order, helping to prevent disputes and providing clear guidelines for both parties during the transition period. The agreement can be modified with court approval if circumstances change significantly during the divorce process.
Suggested Sections

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

2. Background: Brief history of the marriage, current situation, and purpose of the temporary agreement

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

4. Duration: Specify the time period for which this temporary agreement will be in effect

5. Living Arrangements: Details of temporary living arrangements, including occupation of the matrimonial home

6. Financial Arrangements: Interim financial responsibilities including household expenses, utilities, and other regular payments

7. Maintenance Provisions: Temporary maintenance arrangements between spouses if applicable

8. Asset Protection: Provisions to maintain status quo regarding matrimonial assets during the separation period

9. Communication: Guidelines for communication between parties during the separation

10. Breach and Dispute Resolution: Procedures for handling breaches and resolving disputes during the temporary arrangement

11. Amendment: Process for amending the temporary agreement if circumstances change

12. Legal Status: Clarification that this is a temporary arrangement pending final divorce proceedings

Optional Sections

1. Child Care Arrangements: Required if there are minor children - details temporary custody, access, and care arrangements

2. Child Maintenance: Required if there are minor children - temporary financial arrangements for children's needs

3. Domestic Violence Provisions: Include if there is history of domestic violence - specific protective measures and restrictions

4. Business Operations: Include if parties share business interests - temporary arrangements for business operations

5. Medical Aid and Insurance: Include if there are shared policies - temporary arrangements for medical aid and insurance coverage

6. Vehicle Usage: Include if there are shared vehicles - temporary arrangements for vehicle use and maintenance

7. Pet Care: Include if there are pets - temporary arrangements for pet care and related expenses

8. Security Measures: Include if specific security arrangements are needed - details of security protocols between parties

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all matrimonial assets and their current status

2. Schedule B - Financial Obligations: List of all current financial obligations and payment responsibilities

3. Schedule C - Parenting Schedule: Detailed calendar of child care arrangements if applicable

4. Schedule D - Household Inventory: Inventory of household items and their temporary allocation

5. Appendix 1 - Contact Information: Important contact details including emergency contacts and professional advisors

6. Appendix 2 - Financial Disclosure: Current financial statements and income declarations of both parties

7. Appendix 3 - Children's Information: Relevant information about children including school, medical, and activity details if 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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