South Africa
Separation Agreement
R599
Create a separation agreement for spouses or partners who are living apart, covering children, maintenance, property, debts, household expenses, occupation, contact, and interim arrangements.
A Separation Agreement records practical arrangements between spouses, civil union partners, customary spouses, or cohabiting partners who are living apart. It may deal with children, maintenance, property, debts, occupation, household expenses, vehicles, and future divorce or settlement negotiations.
South African legal context (2026 checklist)
South African law does not have a general “legal separation” order in the same way as some jurisdictions. A separation agreement is usually a private contract or interim arrangement unless made an order of court. If children are involved, their best interests remain paramount.
- South African common law of contract
- Divorce Act 70 of 1979
- 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
- Domestic Violence Act 116 of 1998, where protection is needed
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 parties separating?
Are they married, customary married, civil union partners, or cohabiting partners?
When did separation begin?
Who will live where?
What arrangements apply to children?
What maintenance will be paid?
Who pays the bond, rent, utilities, debts, insurance, and school fees?
How will vehicles, furniture, and personal belongings be handled?
Is divorce being considered?
How long will the agreement last?
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