51Ƶ

Maintenance Settlement Agreement for South Africa

Maintenance Settlement Agreement Template for South Africa

A legally binding agreement governed by South African law that establishes the terms and conditions for maintenance payments between parties. The document is drafted in compliance with the Maintenance Act 99 of 1998 and related legislation, setting out detailed provisions for regular financial support, including payment amounts, frequency, duration, and enforcement mechanisms. It can cover both spousal and child maintenance, incorporating provisions for adjustments, breach consequences, and dispute resolution procedures, while ensuring alignment with South African constitutional principles and family law requirements.

Your data doesn't train Genie's AI

You keep IP ownership of your information

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

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Maintenance Settlement Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Maintenance Settlement Agreement?

The Maintenance Settlement Agreement is a crucial legal document used in South African family law contexts to formalize maintenance arrangements between parties. It is typically employed during divorce proceedings, separation, or when establishing child support obligations. The agreement must comply with the Maintenance Act 99 of 1998 and other relevant South African legislation, including the Children's Act and Constitution. It provides a comprehensive framework for maintenance obligations, covering payment terms, escalation clauses, enforcement mechanisms, and modification procedures. This document is particularly important as it can be made an order of court, providing additional legal protection and enforcement options. It serves to prevent future disputes by clearly documenting all aspects of the maintenance arrangement, including specific responsibilities, payment schedules, and consequences of non-compliance.

What sections should be included in a Maintenance Settlement Agreement?

1. Parties: Full details of the maintenance payor and payee, including their full names, identity numbers, physical addresses, and contact details

2. Background: Context of the maintenance settlement, including the relationship between the parties and circumstances leading to the agreement

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

4. Maintenance Obligations: Core section detailing the agreed maintenance amount, basis for calculation, and scope of the obligation

5. Payment Terms: Specific details about payment amounts, frequency, method of payment, and due dates

6. Duration of Maintenance: Period for which maintenance will be paid, including any conditions for termination

7. Annual Increases: Provisions for annual increases in maintenance amount, including the calculation method and effective dates

8. Breach and Enforcement: Consequences of breach and mechanisms for enforcement of the agreement

9. Variation: Circumstances under which the agreement may be modified and the process for doing so

10. Dispute Resolution: Process for resolving any disputes that may arise regarding the maintenance obligations

11. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement clause

What sections are optional to include in a Maintenance Settlement Agreement?

1. Child Maintenance Provisions: Specific provisions relating to child maintenance, including educational expenses, medical costs, and extracurricular activities - used when children are involved

2. Medical Aid and Insurance: Provisions regarding medical aid contributions and insurance policies - used when medical coverage is part of the maintenance arrangement

3. Educational Expenses: Detailed provisions for educational costs including tertiary education - used when education costs are specifically addressed

4. Special Needs Provisions: Additional provisions for maintenance recipients with special needs or disabilities - used when applicable

5. Asset-Based Maintenance: Provisions relating to maintenance paid through assets or investment income - used when maintenance includes asset-based payments

6. Tax Considerations: Specific arrangements regarding tax implications of maintenance payments - used when tax matters need to be addressed

7. Life Insurance Provisions: Requirements for life insurance to secure maintenance obligations - used when long-term security is needed

What schedules should be included in a Maintenance Settlement Agreement?

1. Schedule A - Financial Disclosure: Detailed financial information of both parties including income, expenses, assets, and liabilities

2. Schedule B - Payment Schedule: Detailed breakdown of payment amounts, dates, and methods

3. Schedule C - Children's Expenses: Itemized list of children's expenses and allocation between parties

4. Schedule D - Medical Expenses: Breakdown of medical expenses and responsibilities

5. Appendix 1 - Supporting Documents: Copies of relevant supporting documents such as salary slips, bank details, or court orders

6. Appendix 2 - Calculation Method: Detailed explanation of how maintenance amounts were calculated

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions








































Clauses



































Relevant Industries

Legal Services

Social Services

Family Law

Alternative Dispute Resolution

Financial Services

Public Sector

Child Welfare

Court Services

Relevant Teams

Legal

Dispute Resolution

Family Law

Social Services

Court Administration

Document Management

Client Relations

Compliance

Advisory Services

Relevant Roles

Family Law Attorney

Legal Counsel

Mediator

Family Advocate

Maintenance Officer

Legal Administrator

Social Worker

Financial Advisor

Paralegal

Court Administrator

Judge

Magistrate

Legal Secretary

Divorce Attorney

Child Welfare Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Settlement Agreement Landlord Tenant

A South African law-compliant agreement that documents the resolution of disputes between landlords and tenants, setting out settlement terms and mutual obligations.

find out more

Compromise Agreement Redundancy

A South African legal agreement that documents redundancy terms and provides mutual protection for employer and employee under South African labor law.

find out more

Accident Agreement

A South African law-governed agreement that documents settlement terms between parties involved in a vehicular accident, including liability, compensation, and mutual release of claims.

find out more

Retrenchment Settlement Agreement

A South African law-governed agreement that documents the terms and conditions of an employee's retrenchment, including severance package and final settlements.

find out more

Accident Settlement Agreement

A South African law-governed agreement that settles claims and establishes payment terms between parties involved in an accident-related dispute.

find out more

Wage Settlement Agreement

A South African legal agreement documenting negotiated wage terms between employers and employees, outlining wage increases and implementation details under local labor laws.

find out more

Mutual Settlement Agreement

A South African law-governed agreement documenting mutually agreed terms to resolve disputes or claims between parties, including settlement terms and releases.

find out more

Settlement Agreement Payment

A South African law-governed agreement that documents the terms and conditions of a monetary settlement between parties, including payment terms and release of claims.

find out more

Labor Settlement Agreement

A South African law-governed agreement that documents settlement terms between employer and employee, providing full and final resolution of employment-related claims.

find out more

Unfair Dismissal Settlement Agreement

A South African settlement agreement resolving an unfair dismissal dispute between employer and employee, compliant with local labor laws.

find out more

Tripartite Settlement Agreement

A South African law-governed agreement that formalizes settlement terms and obligations between three parties.

find out more

Separation And Settlement Agreement

A South African law-compliant agreement that formalizes separation terms between partners, including asset division, financial arrangements, and related obligations.

find out more

Selling House Divorce Agreement

A South African legal agreement combining divorce settlement terms with property sale conditions for the disposal of matrimonial property.

find out more

Good Settlement Agreement

A South African legal document used to resolve disputes related to goods transactions, outlining settlement terms and conditions under SA commercial law.

find out more

Global Settlement Offer Divorce

A comprehensive divorce settlement agreement under South African law that outlines all terms of separation between divorcing spouses, including asset division and maintenance arrangements.

find out more

General Mutual Release Agreement

A South African law-governed agreement where parties mutually release each other from all claims and liabilities, providing a comprehensive settlement of potential disputes.

find out more

Consent Judgment Settlement Agreement

A South African legal document that converts a settlement agreement into an enforceable court order by mutual consent of the parties.

find out more

Binding Settlement Agreement

A legally binding agreement under South African law that documents the terms and conditions of a dispute settlement between parties.

find out more

Work Settlement Agreement

A South African legal document that formalizes the settlement terms between employer and employee for resolving employment disputes or termination.

find out more

Settlement Agreement With Agreed Judgment

A South African settlement agreement incorporating terms for an agreed court order, combining settlement terms with enforceable judgment provisions.

find out more

Mutual Consent Divorce Agreement

A South African legal agreement documenting mutually agreed terms for divorce, including asset division, maintenance, and children's arrangements where applicable.

find out more

Landlord Tenant Settlement Agreement

A South African law-governed agreement that documents the settlement terms between landlords and tenants, resolving their rental property disputes.

find out more

Inheritance Settlement Agreement

A South African law-governed agreement that formalizes the distribution of a deceased person's estate among beneficiaries, detailing asset allocation and settlement terms.

find out more

Full And Final Settlement Agreement For Employee

A South African law-compliant agreement that documents the final settlement terms between employer and employee upon employment termination.

find out more

Car Settlement Agreement

A South African law-governed agreement that documents the settlement terms and conditions for motor vehicle-related transactions or disputes.

find out more

Divorce Settlement Agreement Pension Fund

A South African law-governed agreement detailing the division of pension fund benefits between divorcing spouses, in compliance with the Pension Funds Act and Clean Break Principle.

find out more

Divorce Settlement Agreement Immovable Property

A South African law-governed agreement detailing the settlement of immovable property between divorcing spouses, including transfer terms and obligations.

find out more

Pre Litigation Settlement Agreement

A formal agreement under South African law for resolving disputes between parties before initiating court proceedings, outlining settlement terms and mutual obligations.

find out more

Neutral Reference Settlement Agreement

A South African law-governed agreement establishing settlement terms between employer and employee, including provisions for neutral employment references.

find out more

Debt Compromise Agreement

A South African law-governed agreement that formalizes the settlement of debt for a reduced amount or modified terms between creditor and debtor.

find out more

Bullying Settlement Agreement

A South African law-governed agreement that resolves workplace bullying incidents, outlining settlement terms and preventive measures in accordance with local labor legislation.

find out more

Personal Injury Settlement Agreement

A South African law-governed agreement that settles a personal injury claim between injured and responsible parties, detailing settlement terms and mutual obligations.

find out more

Funeral Agreement Settlement

A South African law-governed agreement detailing funeral service settlement terms between service providers and clients, incorporating regulatory compliance and service specifications.

find out more

Release And Settlement

A South African law-governed agreement that documents the settlement of disputes between parties, including terms of settlement and mutual releases.

find out more

Small Claims Settlement Agreement

A legal agreement used in South African small claims courts (claims up to R20,000) to document settlement terms between parties in a dispute.

find out more

Relationship Settlement Agreement

A South African law-governed agreement that formalizes settlement terms between separating parties, including asset division, financial arrangements, and mutual obligations.

find out more

Mortgage Settlement Agreement

A South African law-governed agreement that sets out terms for settling and discharging a mortgage bond, ensuring compliance with local banking and property legislation.

find out more

Final Divorce Agreement

A legally binding agreement under South African law that sets out the complete terms and conditions for divorce settlement between spouses.

find out more

Divorce House Buyout Agreement

A South African legal agreement facilitating property transfer between divorcing spouses where one party buys out the other's share of the matrimonial home.

find out more

Severance Settlement Agreement

A South African law-compliant agreement documenting terms of employment termination, including severance payments and mutual obligations between employer and employee.

find out more
See more related templates

ұԾ’s Security Promise

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

Your documents are private:

We do not train on your data; ұԾ’s 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