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Unmarried Separation Agreement Template for South Africa

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Key Requirements PROMPT example:

Unmarried Separation Agreement

"Need an Unmarried Separation Agreement for separation effective March 1, 2025, involving shared property (one residential property and joint savings), but no children; both parties to maintain separate business interests with no future claims against each other."

Document background
The Unmarried Separation Agreement is essential in South Africa where there is no comprehensive legislation governing the rights of unmarried cohabiting partners. This document becomes crucial when unmarried partners who have been living together decide to separate and need to formalize their arrangements regarding property division, financial matters, and mutual obligations. It's particularly important in the South African context where common law marriage is not recognized, and partners need explicit agreements to protect their rights. The agreement typically includes provisions for asset division, financial settlements, living arrangements, and if applicable, arrangements regarding children, all within the framework of South African law. It serves as a legally binding document that can be enforced through the South African courts and provides clarity and protection for both parties during and after their separation.
Suggested Sections

1. Parties: Identification and details of both parties to the agreement

2. Background: Brief history of the relationship, including cohabitation period and reason for separation

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

4. Date of Separation: Official date of separation and its effect on various aspects of the agreement

5. Division of Property: Detailed arrangements for the division of jointly owned and individual property

6. Financial Settlement: Any lump sum payments or financial arrangements between the parties

7. Living Arrangements: Immediate arrangements regarding shared residence and relocation if applicable

8. Debts and Liabilities: Allocation of responsibility for existing debts and future liabilities

9. Mutual Release: Mutual release of future claims against each other's estates

10. Confidentiality: Terms regarding the private nature of the agreement and relationship details

11. Dispute Resolution: Process for resolving any future disputes regarding the agreement

12. General Provisions: Standard contractual terms including governing law, entire agreement, and amendments

Optional Sections

1. Children: Arrangements for care, contact, and maintenance of children (if any)

2. Pets: Arrangements for the care and custody of shared pets

3. Shared Business Interests: Division or management of any shared business interests

4. Ongoing Support: Any agreements for ongoing financial support between the parties

5. Medical Aid and Insurance: Arrangements regarding shared medical aid or insurance policies

6. Tax Matters: Agreements on handling tax affairs and obligations

7. Restraint of Trade: Any restrictions on business activities if parties were in business together

8. Social Media and Privacy: Agreements regarding social media conduct and privacy post-separation

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of all property owned by either party and its agreed disposition

2. Schedule B - Division of Household Items: Specific list of household items and their agreed division

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

4. Schedule D - Debt Schedule: Detailed list of all debts and liabilities and their allocation

5. Schedule E - Child Care Schedule: Detailed parenting schedule and arrangements if children are involved

6. Appendix 1 - Financial Disclosure: Financial statements or declarations from both parties

7. Appendix 2 - Property Valuations: Professional valuations of significant assets 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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