• R1199.00 buy template only, inclusive of legal review.

• R6147.00 secure the services of a Panel Attorney to make the settlement agreement a Court Order. Only applicable when one of the parties resides in Gauteng.

A settlement agreement, instead of lengthy and painful divorce proceedings, is less time consuming, cost effective and most certainly less traumatising. Most divorces do not have a complicated estate to divide and issues to resolve. Emotions complicate the process and cloud perspective. Once you have decided to move on in separate directions, secure legal advice on the principles of dividing assets, accrual and maintenance. Do the calculations and settle. The proprietary consequences of divorce are very simple and applied consistently.

√ Attorney approved √ Practical points considered

A settlement agreement sets out guiding factors including the type of marriage and details of any antenuptial contract entered into prior to the marriage, and confirm the divorce settlement, including:

• Maintenance payments to be made to a spouse or for children
• Guardianship, custody and access to children
• The division of assets including the home
• Arrangements regarding medical aid and retirement plans and other relevant matters
• The agreement can also provide guidelines for other issues that are important to the couple, for example how they will divide or continue to operate a business they are both involved in. It allows the couple to clearly define how they will divide, structure and conduct previously shared aspects of their lives in the future.
• When children are involved, the legal practitioner who assists must ensure that the Family Advocate endorses the settlement agreement before its goes to Court.

You have to ensure, on the date provided by the Court, that you (as Plaintiff and only the Plaintiff) appear in person in Court and that the original marriage certificate is presented to Court. Your legal representative and Advocate will also attend the Court on that day and guide you through the process.

Draftsman

This document was written for Agreements.org by a Senior Attorney (Admitted in the High Court) with more than 18 years’ experience. It complies with current South African law.