The Partial Separation Agreement serves as a crucial legal instrument in South African family law for couples seeking to formalize a period of separation without immediately pursuing divorce. This document becomes relevant when married couples need to live apart temporarily while considering their future options or working through marital difficulties. The agreement typically includes provisions for separate living arrangements, financial responsibilities, asset management, and where applicable, child care arrangements. It differs from a divorce agreement in that it maintains the legal status of the marriage while providing structure and protection for both parties during their separation. The document must comply with South African legislation, including the Divorce Act 70 of 1979, the Matrimonial Property Act, and the Children's Act when children are involved. A Partial Separation Agreement can later be incorporated into a final divorce settlement if the couple eventually decides to divorce, or can be terminated if reconciliation occurs.
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1. Parties: Full details and domicilium citandi et executandi of both spouses
2. Background: Details of marriage, date of separation, and reason for partial separation agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Duration: Period of separation and conditions for review or termination
5. Living Arrangements: Details of separate residences and occupation rights
6. Financial Arrangements: Division of immediate financial responsibilities including household expenses
7. Interim Maintenance: Arrangements for spousal and/or child maintenance during separation
8. Communication: Agreed methods and protocols for communication between parties
9. Legal Status: Clarification that this is not a divorce agreement and marriage remains legally intact
10. Breach: Consequences of breaching the agreement terms
11. Dispute Resolution: Process for resolving disputes during the separation period
12. General: Standard contractual provisions including amendment procedures and severability
1. Children Arrangements: Used when there are minor children, covering custody, access, and specific childcare arrangements
2. Domestic Violence Protection: Include when there is history or risk of domestic violence
3. Business Interests: Required when spouses share business interests that need interim management
4. Pets: Include when arrangements for pet care and access need to be specified
5. Medical Aid: Used when medical aid coverage needs to be addressed
6. Social Media and Privacy: Include when specific agreements about social media conduct and privacy are needed
7. Religious Observances: Include when religious aspects of the separation need to be addressed
8. Extended Family: Used when specific arrangements regarding extended family interactions need to be defined
1. Schedule A - Asset Register: Comprehensive list of shared assets and their interim allocation
2. Schedule B - Financial Obligations: Detailed breakdown of financial responsibilities and payment arrangements
3. Schedule C - Parenting Plan: Detailed arrangements for child care, including calendar and special occasions
4. Schedule D - Household Inventory: List of household items and their interim allocation
5. Schedule E - Contact Schedule: Detailed timetable for communication and meetings if required
6. Appendix 1 - Maintenance Calculations: Detailed calculations for interim maintenance payments
7. Appendix 2 - Shared Expenses Protocol: Protocol for handling shared expenses during separation
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