Black out font in the Divorce Settlement Contract

Aug 6th, 2022
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If you are married in community of property or out of community of property with the accrual you have to ask your attorney to build a clause into the settlement agreement to say if any assets that come to light after the divorce settlement, you will be entitled to 50% of those assets and the husband will have to pay
How to Write a Divorce Agreement Date of the agreement. Full name of both spouses. Marriage date and location. Date of marriage end. Child support and custody arrangements. Spousal support terms and conditions. Life and health insurance. Division of spousal assets and property.
This is the default marital regime for South African marriages, and if you didnt sign an ante-nuptial contract (ANC) before you married, all your assets and liabilities at date of divorce (with a few specific exceptions) will automatically belong to both of you in undivided shares i.e. 50/50.
A wifes entitlement to a divorce settlement Spousal maintenance. Payment of a lump sum. Sale of the family home and division of the equity in it. Transfer of the family home from joint names or one spouses sole name to the other spouse.
Why Leaving the Home Voluntarily is a Huge Mistake. If you and your wife have children, your voluntary move away from the home even if intended to be temporary sends a signal to the court that interacting daily with your children is really not that important to you.
The divorce settlement should address issues like who will have primary custody, visitation rights for the non-custodial parent, and child support payments. South African courts prioritize the best interests of the child when making custody decisions.
Under South African law, either spouse could be required to pay spousal maintenance, depending on their circumstances. A key consideration is the financial position and earning capabilities of each spouse after they have separated.

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