The Agreement For Divorce On Mutual Consent is a comprehensive legal document used in South Africa when both spouses agree to terminate their marriage through mutual consent. This agreement is essential for couples seeking an uncontested divorce under South African law, particularly the Divorce Act 70 of 1979. It is used when both parties have reached consensus on all aspects of their divorce, including asset division, maintenance, and child custody arrangements if applicable. The document must address all relevant aspects of the marriage dissolution, comply with South African legal requirements, and be properly executed before submission to court. It forms the foundation for the divorce order and helps streamline the legal process by demonstrating to the court that both parties have reached an amicable agreement on all material aspects of their divorce.
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1. Parties: Full details of both spouses including full names, identity numbers, current addresses, and occupation
2. Background: Details of the marriage including date and place of marriage, marriage regime, and confirmation that the marriage has irretrievably broken down
3. Definitions: Definitions of key terms used throughout the agreement
4. Acknowledgments: Confirmation that both parties enter into the agreement freely and voluntarily, understanding its contents and consequences
5. Dissolution of Marriage: Agreement to divorce and confirmation that the marriage has irretrievably broken down
6. Division of Joint Estate: General principles for division of the joint estate or confirmation of separation of estates
7. Legal Costs: Agreement on how the costs of the divorce proceedings will be borne
8. General Provisions: Standard clauses including entire agreement, amendments, governing law, and jurisdiction
9. Signing Requirements: Execution requirements including witnesses and dates
1. Children: Required if there are minor children - includes primary residence, contact arrangements, and maintenance obligations
2. Maintenance of Spouses: Required if there is any spousal maintenance agreement
3. Pension Interests: Required if there are pension interests to be divided
4. Business Interests: Required if either party has business interests that need to be addressed
5. Immovable Property: Required if there is joint property or property transfer arrangements
6. Family Violence: Required if there are any protection orders or related matters to be addressed
7. Immigration Status: Required if either party's residence status is affected by the divorce
8. Religious Aspects: Required for marriages with religious components requiring specific dissolution procedures
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 - Parenting Plan: Detailed parenting arrangements including contact schedules, holidays, and special occasions
4. Schedule D - Maintenance Calculations: Detailed calculations for child and/or spousal maintenance
5. Appendix 1 - Property Valuations: Professional valuations of significant assets
6. Appendix 2 - Financial Statements: Recent financial statements of both parties
7. Appendix 3 - Children's Expenses: Detailed breakdown of children's expenses and needs
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