The Pre-Divorce Agreement is a critical legal document used in South African divorce proceedings to formalize the arrangements between spouses before their divorce is finalized. It serves as a comprehensive settlement agreement that addresses all aspects of the dissolution of marriage, including division of assets and liabilities, maintenance arrangements, and provisions for children if applicable. This document must comply with various South African legislation, including the Divorce Act 70 of 1979, the Matrimonial Property Act 88 of 1984, and the Children's Act 38 of 2005 where relevant. It is typically drafted when spouses have reached an agreement on the terms of their divorce and wish to document these terms in a legally binding format that will later be incorporated into the divorce order.
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1. Parties: Full details and identification of both spouses entering into the agreement
2. Background: Details of the marriage, including date, location, property regime, and intention to divorce
3. Definitions: Definitions of key terms used throughout the agreement
4. Acknowledgments: Mutual acknowledgments regarding the status of the marriage and intention to separate
5. Division of Assets: Comprehensive arrangement for the division of all matrimonial assets and liabilities
6. Maintenance Obligations: Details of any spousal maintenance arrangements
7. Legal Costs: Agreement on how the legal costs of the divorce will be handled
8. General Provisions: Standard legal clauses including governing law, jurisdiction, and whole agreement provisions
9. Binding Effect: Confirmation that the agreement is legally binding on both parties
10. Signature: Execution clauses and signature blocks for both parties and witnesses
1. Children's Arrangements: Required if there are minor children - covers custody, access, maintenance, and educational arrangements
2. Business Interests: Required if either party owns business interests - details their division or retention
3. Pension and Retirement Funds: Required if there are pension or retirement funds to be divided
4. Foreign Assets: Required if there are assets located in other countries
5. Life Insurance: Required if there are life insurance policies to be maintained for children or spouse
6. Medical Aid: Required if ongoing medical aid coverage needs to be addressed
7. Restraint of Trade: Required if business interests necessitate protection post-divorce
8. Intellectual Property: Required if there are IP rights to be divided or retained
1. Schedule A - Asset Register: Detailed list of all matrimonial assets including values and agreed division
2. Schedule B - Liability Register: Comprehensive list of all debts and liabilities and their allocation
3. Schedule C - Parenting Plan: Detailed arrangements for co-parenting, including contact schedules and decision-making processes
4. Schedule D - Maintenance Calculations: Detailed calculations for spousal and/or child maintenance
5. Schedule E - Insurance Policies: List of all insurance policies and their agreed handling
6. Schedule F - Property Details: Detailed information about immovable property including transfer arrangements
7. Appendix 1 - Supporting Documents: Copies of relevant certificates, property valuations, and other supporting documentation
Relevant legal definitions
Agreement
Parties
First Party
Second Party
Marriage
Matrimonial Home
Matrimonial Property
Separate Property
Joint Estate
Accrual
Maintenance
Child Maintenance
Spousal Maintenance
Minor Children
Parental Rights and Responsibilities
Primary Residence
Contact Rights
Custody
Access
Assets
Liabilities
Movable Property
Immovable Property
Pension Interest
Retirement Benefits
Insurance Policies
Effective Date
Implementation Date
Court Order
Divorce Order
Settlement
Legal Costs
Mediation
Family Advocate
Best Interests of the Child
Breach
Default
Governing Law
Jurisdiction
Parties
First Party
Second Party
Marriage
Matrimonial Home
Matrimonial Property
Separate Property
Joint Estate
Accrual
Maintenance
Child Maintenance
Spousal Maintenance
Minor Children
Parental Rights and Responsibilities
Primary Residence
Contact Rights
Custody
Access
Assets
Liabilities
Movable Property
Immovable Property
Pension Interest
Retirement Benefits
Insurance Policies
Effective Date
Implementation Date
Court Order
Divorce Order
Settlement
Legal Costs
Mediation
Family Advocate
Best Interests of the Child
Breach
Default
Governing Law
Jurisdiction
Clauses
Interpretation
Acknowledgments
Division of Assets
Division of Liabilities
Property Transfer
Maintenance Obligations
Child Custody
Child Access
Child Support
Pension Rights
Insurance
Medical Aid
Tax Implications
Business Interests
Restraint of Trade
Foreign Assets
Personal Effects
Motor Vehicles
Bank Accounts
Credit Cards
Joint Debts
Future Obligations
Documentation
Legal Costs
Dispute Resolution
Breach
Implementation
Binding Effect
Severability
Entire Agreement
Amendment
Governing Law
Jurisdiction
Good Faith
Confidentiality
Non-disparagement
Notices
Force Majeure
Waiver
Further Assurance
Acknowledgments
Division of Assets
Division of Liabilities
Property Transfer
Maintenance Obligations
Child Custody
Child Access
Child Support
Pension Rights
Insurance
Medical Aid
Tax Implications
Business Interests
Restraint of Trade
Foreign Assets
Personal Effects
Motor Vehicles
Bank Accounts
Credit Cards
Joint Debts
Future Obligations
Documentation
Legal Costs
Dispute Resolution
Breach
Implementation
Binding Effect
Severability
Entire Agreement
Amendment
Governing Law
Jurisdiction
Good Faith
Confidentiality
Non-disparagement
Notices
Force Majeure
Waiver
Further Assurance
Relevant Industries
Legal Services
Family Law
Dispute Resolution
Mediation Services
Financial Services
Property Services
Social Services
Professional Services
Relevant Teams
Legal
Family Law
Dispute Resolution
Document Processing
Client Services
Legal Operations
Compliance
Advisory Services
Relevant Roles
Attorney
Legal Advisor
Family Law Specialist
Mediator
Legal Consultant
Divorce Attorney
Family Advocate
Legal Practice Manager
Commissioner of Oaths
Paralegal
Legal Document Specialist
Family Law Associate
Legal Operations Manager
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