tiktok成人版

Generic Divorce Agreement Template for South Africa

A comprehensive legal agreement governed by South African law that outlines the terms and conditions for the dissolution of marriage between two parties. This document incorporates provisions from key legislation including the Divorce Act 70 of 1979, the Children's Act 38 of 2005, and the Matrimonial Property Act 88 of 1984. It addresses crucial aspects such as asset division, maintenance obligations, arrangements for minor children (if applicable), and other relevant matters pertaining to the termination of the marital relationship. The agreement serves as a binding contract between the parties and forms the basis for the court's divorce order.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Get template free

Your data doesn't train Genie's AI

You keep IP ownership聽of your docs

4.6 / 5
4.6 / 5
4.8 / 5

What is a Generic Divorce Agreement?

The Generic Divorce Agreement is a fundamental legal document used in South African divorce proceedings to formalize the terms of marriage dissolution. It serves as a comprehensive settlement agreement that can be made an order of court, incorporating all aspects required under South African family law. This document is typically used when parties have reached consensus on divorce terms and wish to formalize their agreement in compliance with the Divorce Act and related legislation. The agreement covers essential elements including division of assets, maintenance obligations, arrangements for children (if applicable), pension interests, and other matrimonial matters. It must align with South African legal requirements and can be adapted to various marital regimes (in/out of community of property). The document forms the cornerstone of an uncontested divorce but can also serve as a negotiation framework for contested matters.

What sections should be included in a Generic Divorce Agreement?

1. Parties: Full details and domicilium citandi et executandi of both spouses

2. Background: Details of the marriage, including date, place, regime, and brief context for divorce

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

4. Dissolution of Marriage: Terms regarding the dissolution of marriage and grounds for divorce

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

6. Children: Arrangements regarding care, contact, and guardianship of minor children

7. Maintenance: Details of maintenance obligations for children and/or spousal maintenance

8. Legal Costs: Allocation of legal costs related to the divorce proceedings

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

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

1. Pension Interests: Section dealing with division of pension interests, required if either party has pension/retirement funds

2. Foreign Assets: Specific provisions for assets held outside South Africa, needed if parties have international holdings

3. Business Interests: Arrangements regarding shared business interests or companies, included if parties have joint business ventures

4. Religious Matters: Specific provisions regarding religious divorce requirements, needed for religious marriages

5. Restraint of Trade: Provisions preventing competition in shared business interests, needed if parties operated business together

6. Trust Interests: Arrangements regarding trust assets and beneficiary rights, needed if parties have trust interests

7. Immigration/Citizenship: Provisions regarding residency or citizenship matters, needed for international marriages

What schedules should be included in a Generic Divorce Agreement?

1. Schedule A - Assets and Liabilities: Detailed inventory of all assets and liabilities with agreed division

2. Schedule B - Maintenance Calculations: Detailed breakdown of maintenance calculations and payment arrangements

3. Schedule C - Parenting Plan: Comprehensive parenting plan including care arrangements, contact schedules, and holiday arrangements

4. Schedule D - Personal Effects: List of personal belongings and their allocation between parties

5. Schedule E - Insurance Policies: Details of life, medical, and other insurance policies and their treatment

6. Appendix 1 - Children's Education Plan: Detailed arrangements for children's education including costs and responsibilities

7. Appendix 2 - Property Valuations: Professional valuations of major assets such as properties and businesses

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

Find the exact document you need

Generic Divorce Agreement

A South African law-governed agreement establishing terms for marriage dissolution, including asset division, maintenance, and child arrangements where applicable.

Download

Prenuptial Postnuptial Agreement

A South African law-governed agreement establishing property rights and financial arrangements between spouses, executed before a notary public and registered in the Deeds Office.

Download

Clean Break Agreement

A South African legal agreement that establishes the complete financial separation between divorcing spouses, including division of assets, liabilities, and pension interests.

Download

Consent Order Divorce

A South African court document that formalizes mutually agreed-upon terms of divorce between spouses, establishing a binding settlement agreement.

Download

Consent Decree Divorce

A South African legal document outlining mutually agreed terms for marriage dissolution, requiring court validation under SA divorce law.

Download

Divorce Confidentiality Agreement

A South African law-governed agreement establishing confidentiality obligations between divorcing parties regarding sensitive information disclosed during divorce proceedings.

Download

Temporary Divorce Agreement

A South African interim legal agreement governing spousal arrangements during divorce proceedings pending final settlement.

Download

No Fault Agreement

A South African law-compliant agreement for resolving disputes without admission of liability, providing mutual releases and settlement terms.

Download

Divorce After Separation Agreement

A South African legal agreement that formalizes divorce terms between separated spouses, including asset division and maintenance arrangements.

Download

Pre Divorce Settlement Agreement

A South African legal agreement that outlines the terms and conditions agreed upon between spouses before initiating divorce proceedings, covering asset division, maintenance, and child arrangements where applicable.

Download

Consent Agreement Divorce

A South African legal agreement documenting mutually agreed terms for divorce between spouses, including settlement terms and arrangements under South African law.

Download

Cohabitation Agreement After Divorce

A South African law-governed agreement establishing legal and financial arrangements between divorced individuals entering a cohabitation relationship.

Download

Agreement For Divorce On Mutual Consent

A South African legal document that formalizes mutually agreed divorce terms between spouses, serving as the basis for a court order under South African law.

Download

Post Divorce Agreement

A South African legal document that modifies or supplements an existing divorce order, addressing changed circumstances between divorced parties.

Download

Divorce Nesting Agreement

A South African law-governed agreement establishing a post-divorce arrangement where children stay in the family home while parents rotate residence.

Download

Divorce Parenting Agreement

A South African legal agreement establishing co-parenting arrangements post-divorce, ensuring compliance with the Children's Act and prioritizing children's best interests.

Download

Divorce Custody Agreement

A South African legal agreement establishing custody arrangements and parental responsibilities for minor children following divorce, governed by the Children's Act and Divorce Act.

Download

Amicable Divorce Agreement

A South African law-governed agreement outlining mutually agreed terms for an uncontested divorce, including asset division and relevant support arrangements.

Download

Marital Property Agreement

A South African legal agreement that establishes the property regime between spouses, typically executed before marriage and registered in the Deeds Office.

Download

Marriage Separation Agreement

A South African legal agreement that establishes the terms of separation between married spouses, including asset division, financial arrangements, and related obligations.

Download

Mutual Divorce Agreement

A consensual agreement under South African law detailing terms for marriage dissolution, including asset division and related arrangements.

Download
See more related templates

骋别苍颈别鈥檚 Security Promise

Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; 骋别苍颈别鈥檚 AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it