Post Divorce Agreement Template for South Africa

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Key Requirements PROMPT example:

Post Divorce Agreement

"I need a Post Divorce Agreement to modify the maintenance payments and visitation schedule due to my upcoming relocation to Cape Town in March 2025; the agreement should include provisions for international travel with our two minor children."

Document background
The Post Divorce Agreement serves as a crucial legal instrument in South African family law when former spouses need to modify their existing divorce arrangements. This document becomes necessary when circumstances change after the original divorce order, such as variations in financial situations, relocation of parties, changes in children's needs, or modifications to maintenance obligations. It must comply with South African legislation, including the Divorce Act 70 of 1979, the Children's Act 38 of 2005, and the Maintenance Act 99 of 1998. The agreement can address various aspects including financial arrangements, child custody modifications, communication protocols, and dispute resolution mechanisms. It requires proper drafting, witness signatures, and potentially notarization to be legally enforceable in South African courts.
Suggested Sections

1. Parties: Full details of the former spouses, including their full names, identity numbers, and current residential addresses

2. Background: Brief history of the marriage, divorce date and case number, and reason for this post-divorce agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Interpretation: Rules for interpreting the agreement, including general principles and resolution of conflicts

5. Amendment of Divorce Order: Specific details of how this agreement modifies or supplements the original divorce order

6. Financial Arrangements: Comprehensive details of financial obligations, including maintenance payments and payment terms

7. Communication: Protocols for communication between the parties, especially regarding children or shared responsibilities

8. Dispute Resolution: Procedures for resolving any disputes that may arise under this agreement

9. General Provisions: Standard contractual provisions including entire agreement, severability, and governing law

10. Signatures: Execution clause and space for parties' signatures, witnesses, and date

Optional Sections

1. Children's Arrangements: Used when there are minor children involved, covering custody, access, education, and specific parenting responsibilities

2. Property Division Amendments: Included when the agreement modifies previous property division arrangements

3. Business Interests: Required when there are shared business interests that need to be addressed

4. Maintenance Variations: Used when modifying existing maintenance arrangements

5. International Considerations: Included when either party lives or intends to live in different countries

6. Medical Aid and Insurance: Used when there are shared medical aid or insurance policies that need to be addressed

7. Religious or Cultural Provisions: Included when specific religious or cultural practices need to be maintained post-divorce

8. Protection Orders: Required when there are existing protection orders that need to be incorporated or addressed

Suggested Schedules

1. Schedule A - Payment Schedule: Detailed schedule of all financial obligations, payment dates, and methods

2. Schedule B - Contact Schedule: Detailed visitation schedule for children, including holidays and special occasions

3. Schedule C - Asset List: Updated list of assets and their agreed disposition, if relevant to this agreement

4. Schedule D - Insurance Policies: List of relevant insurance policies and their beneficiaries

5. Appendix 1 - Original Divorce Order: Copy of the original divorce order being modified

6. Appendix 2 - Children's Passport and Travel Arrangements: Specific arrangements regarding international travel with children

7. Appendix 3 - Medical and Educational Records: Relevant medical and educational information for children

8. Appendix 4 - Parenting Plan: Detailed parenting plan if modified from the original divorce order

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Legal Services

Financial Services

Family Law

Dispute Resolution

Social Services

Insurance

Real Estate

Professional Services

Education (if children involved)

Healthcare (if medical provisions included)

Relevant Teams

Legal

Family Law

Dispute Resolution

Document Processing

Client Services

Administrative Support

Compliance

Advisory Services

Social Services

Court Services

Relevant Roles

Legal Counsel

Family Law Attorney

Divorce Lawyer

Legal Administrator

Paralegal

Mediator

Family Advocate

Commissioner of Oaths

Legal Secretary

Financial Advisor

Estate Planner

Social Worker

Child Welfare Officer

Court Administrator

Legal Document Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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