The Separation and Settlement Agreement is a crucial legal document used in South African family law when parties decide to live separately with the intention of formalizing their separation arrangements. This document is typically used either as a precursor to divorce or as a standalone agreement for parties who choose to separate without immediately pursuing divorce. It comprehensively addresses all aspects of the separation, including financial arrangements, asset division, maintenance obligations, and where applicable, child-related matters. The agreement must comply with South African legislation, including the Divorce Act, Matrimonial Property Act, and Children's Act where relevant. It serves as a legally binding contract that provides clarity and certainty for both parties during their separation, potentially preventing future disputes and establishing clear guidelines for their separated lives.
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1. Parties: Identification and details of both parties to the agreement
2. Background: Brief history of the marriage/relationship, date of separation, and context for the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Acknowledgment of Separation: Formal acknowledgment of separation and intention to live apart
5. Division of Assets: Comprehensive arrangement for division of joint assets and liabilities
6. Financial Settlement: Details of any financial settlements, including lump sum payments or periodic payments
7. Mutual Release: Release of future claims against each other, except as provided in the agreement
8. Tax Implications: Acknowledgment and handling of tax consequences from the separation
9. Confidentiality: Terms regarding confidentiality of the agreement and personal matters
10. Dispute Resolution: Process for resolving any future disputes regarding the agreement
11. Amendment and Variation: Provisions for how the agreement can be modified
12. Governing Law: Specification that South African law governs the agreement
13. General Provisions: Standard legal provisions including entire agreement, severability, and costs
1. Child Custody and Access: Arrangements for care and contact with children - included when parties have minor children
2. Child Maintenance: Details of child support arrangements - included when parties have minor children
3. Spousal Maintenance: Terms of ongoing spousal support - included when relevant to the settlement
4. Pension Sharing: Division of pension benefits - included when pension splitting is part of settlement
5. Business Interests: Arrangements regarding jointly owned businesses or business interests
6. Intellectual Property: Division of intellectual property rights - included when relevant
7. Pets: Arrangements for care and ownership of pets - included when parties have pets
8. Medical Aid: Arrangements regarding medical aid schemes and coverage
9. Life Insurance: Provisions regarding life insurance policies and beneficiaries
10. Religious Divorce: Provisions for religious divorce procedures - included for religious marriages
1. Schedule A - Asset Division: Detailed list of all assets and their agreed division
2. Schedule B - Liability Division: Detailed list of all liabilities and their agreed division
3. Schedule C - Personal Effects: List of personal items and their allocation between parties
4. Schedule D - Child Care Schedule: Detailed parenting schedule and special arrangements for children
5. Schedule E - Insurance Policies: List of insurance policies and agreed arrangements
6. Schedule F - Property Details: Detailed information about immovable property and transfer arrangements
7. Appendix 1 - Financial Disclosure: Sworn statements of financial position from both parties
8. Appendix 2 - Supporting Documents: Copies of relevant certificates, title deeds, and other supporting documents
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