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Amicable Divorce Agreement Template for South Africa

A comprehensive legal agreement governed by South African law that facilitates the amicable dissolution of marriage between two consenting parties. This document outlines the mutually agreed-upon terms of divorce, including the division of assets and liabilities, maintenance arrangements, and where applicable, child custody and support provisions. It complies with the South African Divorce Act 70 of 1979 and related legislation, providing a framework for an uncontested divorce that can be presented to the court for incorporation into the final divorce order.

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What is a Amicable Divorce Agreement?

The Amicable Divorce Agreement is used in South Africa when spouses mutually agree to dissolve their marriage and can reach consensus on all terms of their divorce without litigation. This document serves as a comprehensive settlement agreement that addresses all aspects of the divorce, including property division, maintenance, and child-related matters where applicable. It must comply with South African legislation, particularly the Divorce Act 70 of 1979, the Matrimonial Property Act 88 of 1984, and the Children's Act 38 of 2005 where children are involved. The agreement forms the basis for an uncontested divorce action and, once approved by the court, becomes incorporated into the final divorce order. It's particularly useful in reducing legal costs, expediting the divorce process, and maintaining amicable relations between the parties.

What sections should be included in a Amicable Divorce Agreement?

1. Parties: Full details of both spouses including full names, identity numbers, physical addresses, and marriage details

2. Background: Details of the marriage, including date and place of marriage, marriage regime, and brief statement of intention to divorce amicably

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

4. Acknowledgments: Mutual acknowledgment that the marriage has irretrievably broken down and both parties enter the agreement freely

5. Division of Assets: Detailed arrangement for the division of all joint assets and liabilities

6. Maintenance Arrangements: Terms regarding spousal maintenance, including waiver or specific payment arrangements

7. Legal Proceedings: Agreement on procedure for divorce proceedings, including costs and choice of court

8. General Provisions: Standard legal clauses including entire agreement, amendments, governing law, and jurisdiction

9. Signatures: Formal execution clause with space for parties' and witnesses' signatures

What sections are optional to include in a Amicable Divorce Agreement?

1. Children: Included when there are minor children, covering custody, access, maintenance, and other child-related arrangements

2. Pension Interest: Required when either party has pension or retirement funds to be divided

3. Business Interests: Included when either party owns business interests that need to be addressed

4. Foreign Assets: Required when parties have assets in other countries that need specific arrangements

5. Medical Aid: Included when arrangements regarding medical aid coverage need to be specified

6. Life Insurance: Required when there are life insurance policies that need to be addressed or maintained for child/spousal support

7. Tax Matters: Included when specific tax arrangements or implications need to be addressed

What schedules should be included in a Amicable Divorce Agreement?

1. Schedule A - Asset Register: Comprehensive list of all assets owned by the parties, jointly or separately

2. Schedule B - Liability Register: List of all debts and liabilities of the parties

3. Schedule C - Children's Arrangements: Detailed parenting plan including contact schedules, holidays, and special arrangements

4. Schedule D - Maintenance Calculations: Detailed breakdown of maintenance calculations and payment arrangements

5. Appendix 1 - Property Valuations: Professional valuations of major assets such as properties

6. Appendix 2 - Financial Statements: Recent financial statements, pension statements, or investment portfolios

7. Appendix 3 - Supporting Documents: Copies of relevant certificates (marriage, birth) and other supporting documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

South Africa

Document Type

Divorce Agreement

Cost

Free to use

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