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Divorce Settlement Agreement

R799

Create a divorce settlement agreement covering division of assets, debts, pension interests, spousal maintenance, child care, contact, child maintenance, medical expenses, school fees, and full settlement terms.

A Divorce Settlement Agreement is used where spouses agree on the terms of their divorce. It may regulate patrimonial division, pension interests, maintenance, children, property transfers, debts, costs, and other consequences of divorce.

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South African legal context (2026 checklist)

The agreement should match the parties’ marriage type and marital property regime. Where minor or dependent children are involved, the court must be satisfied that their interests are properly protected. Pension-interest clauses and immovable-property transfer clauses should be drafted carefully because they often require precise wording for implementation.

  • Divorce Act 70 of 1979
  • Divorce Amendment Act 1 of 2024
  • Matrimonial Property Act 88 of 1984
  • Recognition of Customary Marriages Act 120 of 1998
  • Civil Union Act 17 of 2006
  • Children’s Act 38 of 2005
  • Maintenance Act 99 of 1998
  • Mediation in Certain Divorce Matters Act 24 of 1987
  • Pension Funds Act 24 of 1956
  • Deeds Registries Act 47 of 1937, where immovable property transfer is involved

Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.

Typical questions we'll walk you through

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Who are the spouses?
Who are the spouses?
What type of marriage applies?
What type of marriage applies?
What marital property regime applies?
What marital property regime applies?
Are there minor or dependent children?
Are there minor or dependent children?
What parenting arrangements will apply?
What parenting arrangements will apply?
What child maintenance will be paid?
What child maintenance will be paid?
Will spousal maintenance be paid?
Will spousal maintenance be paid?
How will immovable property, vehicles, bank accounts, furniture, businesses, or investments be divided?
How will immovable property, vehicles, bank accounts, furniture, businesses, or investments be divided?
Are pension interests involved?
Are pension interests involved?
Who pays debts, legal costs, and transfer costs?
Who pays debts, legal costs, and transfer costs?
Is the agreement in full and final settlement?
Is the agreement in full and final settlement?
Should the agreement be made an order of court?
Should the agreement be made an order of court?

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