The No Fault Separation Agreement is a crucial legal document in South African family law, typically used when married couples decide to live separately but are not yet pursuing divorce, or as a preliminary step to a no-fault divorce. This document becomes relevant when spouses mutually agree to separate without the need to prove misconduct or fault by either party. It comprehensively addresses all practical aspects of separation including living arrangements, asset division, financial responsibilities, and if applicable, childcare arrangements. The agreement must comply with South African legislation, particularly the Divorce Act 70 of 1979, the Matrimonial Property Act 88 of 1984, and where children are involved, the Children's Act 38 of 2005. While not all couples opt for a formal separation agreement, it provides legal clarity and protection for both parties during the separation period and can significantly simplify any subsequent divorce proceedings.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Identification and details of both spouses entering into the separation agreement
2. Background: Brief history of the marriage, including date and place of marriage, and current circumstances leading to separation
3. Definitions: Definitions of key terms used throughout the agreement
4. Date of Separation: Official date from which the separation takes effect
5. Living Arrangements: Details of physical separation and residence arrangements
6. Division of Property: Comprehensive arrangement for division of matrimonial property and assets
7. Financial Arrangements: Details of financial responsibilities, including expenses, debts, and ongoing financial obligations
8. Maintenance Provisions: Arrangements for spousal maintenance/support if applicable
9. Children's Arrangements: Comprehensive provisions for care, contact, and maintenance of children
10. Tax Implications: Agreement on handling tax matters and responsibilities
11. Dispute Resolution: Process for resolving any future disputes regarding the agreement
12. Amendment Provisions: Procedures for modifying the agreement if circumstances change
13. Governing Law: Confirmation that the agreement is governed by South African law
14. Signatures: Execution clause and space for parties' signatures and witnesses
1. Business Interests: Section dealing with separation of business interests, used when parties have shared business ventures
2. Pension and Retirement Benefits: Detailed arrangements for division of pension and retirement benefits, used when applicable
3. Pets and Animals: Arrangements for care and custody of pets, used when couples have shared pets
4. International Assets: Provisions for handling overseas assets, used when parties have international property or investments
5. Medical Aid and Insurance: Arrangements for continued medical coverage and insurance policies, used when shared policies exist
6. Inheritance Rights: Waiver of inheritance rights, used when parties wish to explicitly address inheritance matters
7. Religious Requirements: Special provisions related to religious aspects of separation, used for couples requiring religious considerations
1. Schedule A - Asset Register: Detailed inventory of all matrimonial assets and their agreed division
2. Schedule B - Liability Register: List of all debts and liabilities and their allocation between parties
3. Schedule C - Children's Arrangements: Detailed parenting plan including contact schedules, education, and special arrangements
4. Schedule D - Maintenance Calculations: Detailed breakdown of maintenance calculations and payment arrangements
5. Schedule E - Property Details: Detailed information about immovable property and transfer arrangements
6. Appendix 1 - Financial Statements: Current financial statements of both parties
7. Appendix 2 - Insurance Policies: List of insurance policies and their disposition
Find the exact document you need
Domestic Partnership Separation Agreement
A South African legal agreement that formalizes the separation of domestic partners, addressing asset division, financial obligations, and related matters under South African law.
Download
Official Separation Agreement
A legally binding agreement under South African law that formalizes the terms of separation between married spouses, addressing asset division, financial arrangements, and family matters.
Download
Employer Separation Agreement
A South African law-compliant agreement that formalizes the termination of employment between employer and employee, detailing separation terms and mutual obligations.
Download
Separation Agreement For Unmarried Couples
A legal agreement under South African law for unmarried couples ending their cohabitation relationship, addressing asset division, financial responsibilities, and related matters.
Download
Mutual Separation Agreement Divorce
A South African legal agreement documenting mutually agreed terms for divorce, including settlement arrangements and obligations between divorcing spouses.
Download
Contract Separation Agreement
A South African law-compliant agreement documenting the mutual termination of employment and related terms between employer and employee.
Download
No Fault Separation Agreement
A South African legal agreement outlining mutually agreed terms for married couples' separation without attributing fault, covering property division, finances, and family arrangements.
Download
Joint Separation Agreement
A South African legal document that formalizes the terms of separation between married spouses, addressing asset division, maintenance, and related matters under South African law.
Download
Partial Separation Agreement
A South African legal document establishing temporary arrangements between married spouses who wish to live separately while maintaining their marriage status.
Download
Healing Separation Agreement
A South African legal agreement establishing terms for a temporary marital separation aimed at reconciliation rather than divorce.
Download
Living Together Separation Agreement
A South African legal agreement documenting separation arrangements between cohabiting partners, including asset division and financial responsibilities.
Download
Interim Separation Agreement
A South African legal document establishing temporary arrangements between separating spouses pending final divorce or reconciliation.
Download
Final Separation Agreement
A South African legal document that formalizes separation terms between married couples or civil union partners, covering asset division, financial responsibilities, and custody arrangements.
Download
Binding Financial Agreement After Separation
A legally binding agreement under South African law that sets out the financial arrangements between separated couples, including asset division and ongoing obligations.
Download
Uncontested Separation Agreement
A South African legal agreement documenting mutually agreed terms of separation between married couples, including asset division and living arrangements.
Download
Unmarried Separation Agreement
A South African legal agreement outlining separation terms and asset division for unmarried cohabiting partners.
Download
Legal Separation Agreement
A South African legal document establishing terms for married couples to live separately while remaining legally married, covering property division, finances, and family arrangements.
Download
Trial Separation Agreement
A South African legal agreement establishing terms for married couples to live separately while remaining legally married, outlining temporary arrangements for finances, children, and living situations.
Download
Financial Separation Agreement
A South African law-governed agreement detailing the complete financial separation arrangements between separating spouses, including asset division, liabilities, and ongoing obligations.
Download
Cohabitation Separation Agreement
A South African law-governed agreement that formally documents the separation terms between cohabiting partners, including asset division and living arrangements.
Download
Informal Separation Agreement
A South African legal document establishing terms for married couples to live separately while remaining legally married, addressing practical and financial arrangements of separation.
Download
Separation And Property Settlement Agreement
A South African law-governed agreement that formalizes separation terms between married couples, including asset division and financial arrangements.
Download
Business Separation Agreement
A South African law-governed agreement that formally documents the separation of business entities or divisions, including asset division, liabilities, and operational arrangements.
Download
Mutual Separation Agreement Marriage
A South African law-compliant agreement that formalizes the terms of separation between married spouses, addressing asset division, maintenance, and related matters.
Download
Amicable Separation Agreement
A South African legal agreement establishing mutually agreed terms for separation between partners, covering asset division, financial arrangements, and related obligations.
Download
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
.png)