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Divorce
Agreement of settlement
Please note that the terms and conditions contained in this agreement are standard conditions and must only be included if it is applicable. Further, the contents of the conditions must be amended in accordance with the agreement reached between the parties
IN THE SUPREME COURT OF SOUTH AFRICA
………………………………………………………… CASE NO: …… (Insert the name of the Division or Local Division) In the matter between:
………………………………………………………… Plaintiff and
………………………………………………………… Defendant
AGREEMENT OF SETTLEMENT
IT IS AGREED:– 1. Definitions 1.1. In this agreement, the following words shall have the meanings assigned to them hereunder, unless the context indicates otherwise:–
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Divorce
Agreement of settlement
1.1.1. “the Plaintiff” means (name of Plaintiff) …………………………………; 1.1.2. “the Defendant” means (name of Defendant) …………………………; 1.1.3. “the parties” means the Plaintiff and the Defendant; 1.1.4. “the children” means the minor children born of the marriage between the Plaintiff and the Defendant, namely:– (name, sex and date of birth of each minor child) …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… 1.2. A reference to any party shall include such party’s estate, heirs, executors, administrators, trustees, assigns, curators or other legal representatives; 1.3. Headings of clauses shall be deemed to have been included for purposes of convenience only, and shall not affect the interpretation of the agreement. 2. Preamble WHEREAS:– 2.1. The parties on (date) ……………………………………… entered into a marriage (state matrimonial regime) ……………………………………………; 2.2. The parties acknowledge that their marriage has irretrievably broken down. 2.3. The Plaintiff and the Defendant have reached agreement with regard to custody, access, maintenance, property and other proprietary and ancillary consequences of the divorce in the event of the above Honourable Court issuing a decree of divorce.
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Divorce
Agreement of settlement
2.4. The Plaintiff undertakes to seek an order compatible with the provisions of this agreement (and further agree that the said Court shall be asked to incorporate this agreement in the Order of Divorce, so that this agreement will operate as an Order of Court)(the portion included in brackets is not applicable in respect of the agreements concluded in respect of actions instituted out of the Natal Provincial Division or the Durban Coast Local Division where it is not a practice to make the entire agreement an Order of Court). 3. Custody of children 3.1. The Defendant shall have the custody of the children. 4. Access to children 4.1. The Plaintiff shall have access to the children at all reasonable times, provided reasonable notice is given. Such access to include the right to have the said minor children with him as follows: (Specify – for example) 4.1.1. Every alternate Saturday from 09h00 to 17h00 until the children are (specify) years of age and thereafter every alternate weekend from 17h00 on Friday until 17h00 on Sunday. 4.1.2. Once the children are of a school-going age, the Plaintiff shall be entitled to have access to them for half of every school holiday. 4.2. Access to the children shall be exercised in their best interests and shall create the minimum degree of disturbance to the children’s routine, educational and necessary extramural activities.
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Divorce
Agreement of settlement
5. Maintenance The Plaintiff undertakes to pay:– 5.1. Maintenance to the Defendant for herself at the rate of (insert amount) ………… per month for a period of 6 (SIX) months, commencing on (insert date) …………………… and ceasing on (insert date) …………………………; (Alternatively: Maintenance to the Defendant for herself at the rate of R1,00 per annum in order to preserve her rights.) 5.2. Maintenance to the Defendant on behalf of the minor children in the amount of (insert amount) ………………per month per child; 5.3. All medical, dental and ophthalmic expenses reasonably incurred by the Defendant in respect of the said minor children, such to include but not necessarily be limited to, all costs of hospitalisation, surgical treatment, spectacles, contact lenses, prescribed medication and allied expenses; 5.4. All costs and expenses incurred by the Defendant upon the education of the said minor children up to and including tertiary level, such to include but not necessarily be limited to their crèche fees, pre-school fees, school fees, after school care fees, school contributions, school insurances, school outings, school tours, transport costs, extra-mural lessons, school books, school uniforms together with all costs and expenses consequent upon their participation in extramural activities; 5.5. The Plaintiff’s maintenance obligations referred to above shall cease when:– 5.5.1. the relevant child shall have attained the age of twenty-one years, or 5.5.2. the child shall have become self-supporting, whichever shall occur first.
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Divorce
Agreement of settlement
5.6. It is agreed that all maintenance payments shall, unless otherwise agreed to in writing, be paid by the Plaintiff free of bank charges and without deduction or demand on or before the (insert date on which payment is to be made) ……………………, to the Defendant at such address, as the Defendant may from time to time direct by way of written notice; 5.7. The Plaintiff shall be entitled at any time to include the said minor children as beneficiaries under any medical aid scheme or fund and, in such event, he shall be liable to pay all and any contributions payable in respect thereof and all and any sums as may not be paid or payable thereunder in respect of any claim made on behalf of the said minor children; 5.8. In the event of the Plaintiff electing to include the said minor children on a medical aid scheme or fund, the Defendant agrees and undertakes that she shall timeously submit to the Plaintiff all such vouchers as are required to enable him to claim under the said medical aid scheme or fund and to comply with the regulations thereof. 6. Movable property 6.1. Each party shall be entitled to retain as their sole and exclusive property the furniture and households effect of which they are currently possessed. 7. Lump sum 7.1. The Defendant shall pay to the Plaintiff the sum of (specify amount) ……………………within (specify) …………………… days of the granting of a decree of divorce by the above Honourable Court, in settlement of the proprietary claims between the parties.
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Divorce
Agreement of settlement
8. Non-variation 8.1. This agreement contains all the terms and conditions of the agreement between the parties. 8.2. No variation of or abandonment or waiver of rights or obligations, whether express or implied, shall be binding unless contained in this agreement, or subsequently reduced to writing and signed by both parties. 8.3. Save as provided for in this agreement, neither party shall have any further claims against the other and each party hereby waives and abandons all and any such claims. 9. Indulgences No indulgence or extension given by either party shall be construed to be a waiver or novation of such parties rights, and at all times shall be without prejudice to such party’s rights. 10. Costs The Defendant shall pay to the Plaintiff, a contribution towards her costs in the sum of (insert amount) …………………….
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Divorce
Agreement of settlement
SIGNED AND DATED AT (place) ……………………ON THIS (day) …………DAY OF (month) …………………… (year) ………….
AS WITNESSES:
1. …………………………… Name:
………………………………
……………………………… Address:
2. …………………………… Name:
………………………………
……………………………… (witnesses signatures) Address:
………………………………
(Plaintiff’s signature)
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