Online Divorce Questionnaire Step 1 of 14 7% JURISDICTION Where must the divorce be finalised?Western Cape – Cape Town High CourtGautengThe Court you choose will only have jurisdiction to hear your matter if you or your spouse reside in that province or regard that province as your permanent domicile. You therefore have to choose a Court that will have jurisdiction. YOUR INFORMATION You will be the Plaintiff in the divorce matter in the Western Cape High Court. The fixed and all-in cost is R9000, and we will require a deposit of R4500. This means that you will be the person appearing in Court on the day that the Order is granted. The Defendant (your spouse) will not be required to appear in Court. YOUR INFORMATION You will be the Plaintiff in the divorce matter in the Gauteng High Court. The fixed and all-in cost is R20 000, and we will require a deposit of R10 000. This means that, if required, you will be the person appearing in Court on the day that the Order is granted. The Defendant (your spouse) will not be required to appear in Court. 1. Full names First 2. Last name Last 3. GenderMaleFemale4. Identity number / Date of birth 5. Address Street Address Address Line 2 City State / Province / Region AfghanistanAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntarcticaAntigua and BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBoliviaBonaire, Sint Eustatius and SabaBosnia and HerzegovinaBotswanaBouvet IslandBrazilBritish Indian Ocean TerritoryBrunei DarussalamBulgariaBurkina FasoBurundiCabo VerdeCambodiaCameroonCanadaCayman IslandsCentral African RepublicChadChileChinaChristmas IslandCocos IslandsColombiaComorosCongoCongo, Democratic Republic of theCook IslandsCosta RicaCroatiaCubaCuraçaoCyprusCzechiaCôte d'IvoireDenmarkDjiboutiDominicaDominican RepublicEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEswatiniEthiopiaFalkland IslandsFaroe IslandsFijiFinlandFranceFrench GuianaFrench PolynesiaFrench Southern TerritoriesGabonGambiaGeorgiaGermanyGhanaGibraltarGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuernseyGuineaGuinea-BissauGuyanaHaitiHeard Island and McDonald IslandsHoly SeeHondurasHong KongHungaryIcelandIndiaIndonesiaIranIraqIrelandIsle of ManIsraelItalyJamaicaJapanJerseyJordanKazakhstanKenyaKiribatiKorea, Democratic People's Republic ofKorea, Republic ofKuwaitKyrgyzstanLao People's Democratic RepublicLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMacaoMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMartiniqueMauritaniaMauritiusMayotteMexicoMicronesiaMoldovaMonacoMongoliaMontenegroMontserratMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNew CaledoniaNew ZealandNicaraguaNigerNigeriaNiueNorfolk IslandNorth MacedoniaNorthern Mariana IslandsNorwayOmanPakistanPalauPalestine, State ofPanamaPapua New GuineaParaguayPeruPhilippinesPitcairnPolandPortugalPuerto RicoQatarRomaniaRussian FederationRwandaRéunionSaint BarthélemySaint Helena, Ascension and Tristan da CunhaSaint Kitts and NevisSaint LuciaSaint MartinSaint Pierre and MiquelonSaint Vincent and the GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbiaSeychellesSierra LeoneSingaporeSint MaartenSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSouth Georgia and the South Sandwich IslandsSouth SudanSpainSri LankaSudanSurinameSvalbard and Jan MayenSwedenSwitzerlandSyria Arab RepublicTaiwanTajikistanTanzania, the United Republic ofThailandTimor-LesteTogoTokelauTongaTrinidad and TobagoTunisiaTurkmenistanTurks and Caicos IslandsTuvaluTürkiyeUS Minor Outlying IslandsUgandaUkraineUnited Arab EmiratesUnited KingdomUnited StatesUruguayUzbekistanVanuatuVenezuelaViet NamVirgin Islands, BritishVirgin Islands, U.S.Wallis and FutunaWestern SaharaYemenZambiaZimbabweÅland Islands Country 6. Work address Street Address Address Line 2 City State / Province / Region AfghanistanAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntarcticaAntigua and BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBoliviaBonaire, Sint Eustatius and SabaBosnia and HerzegovinaBotswanaBouvet IslandBrazilBritish Indian Ocean TerritoryBrunei DarussalamBulgariaBurkina FasoBurundiCabo VerdeCambodiaCameroonCanadaCayman IslandsCentral African RepublicChadChileChinaChristmas IslandCocos IslandsColombiaComorosCongoCongo, Democratic Republic of theCook IslandsCosta RicaCroatiaCubaCuraçaoCyprusCzechiaCôte d'IvoireDenmarkDjiboutiDominicaDominican RepublicEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEswatiniEthiopiaFalkland IslandsFaroe IslandsFijiFinlandFranceFrench GuianaFrench PolynesiaFrench Southern TerritoriesGabonGambiaGeorgiaGermanyGhanaGibraltarGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuernseyGuineaGuinea-BissauGuyanaHaitiHeard Island and McDonald IslandsHoly SeeHondurasHong KongHungaryIcelandIndiaIndonesiaIranIraqIrelandIsle of ManIsraelItalyJamaicaJapanJerseyJordanKazakhstanKenyaKiribatiKorea, Democratic People's Republic ofKorea, Republic ofKuwaitKyrgyzstanLao People's Democratic RepublicLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMacaoMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMartiniqueMauritaniaMauritiusMayotteMexicoMicronesiaMoldovaMonacoMongoliaMontenegroMontserratMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNew CaledoniaNew ZealandNicaraguaNigerNigeriaNiueNorfolk IslandNorth MacedoniaNorthern Mariana IslandsNorwayOmanPakistanPalauPalestine, State ofPanamaPapua New GuineaParaguayPeruPhilippinesPitcairnPolandPortugalPuerto RicoQatarRomaniaRussian FederationRwandaRéunionSaint BarthélemySaint Helena, Ascension and Tristan da CunhaSaint Kitts and NevisSaint LuciaSaint MartinSaint Pierre and MiquelonSaint Vincent and the GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbiaSeychellesSierra LeoneSingaporeSint MaartenSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSouth Georgia and the South Sandwich IslandsSouth SudanSpainSri LankaSudanSurinameSvalbard and Jan MayenSwedenSwitzerlandSyria Arab RepublicTaiwanTajikistanTanzania, the United Republic ofThailandTimor-LesteTogoTokelauTongaTrinidad and TobagoTunisiaTurkmenistanTurks and Caicos IslandsTuvaluTürkiyeUS Minor Outlying IslandsUgandaUkraineUnited Arab EmiratesUnited KingdomUnited StatesUruguayUzbekistanVanuatuVenezuelaViet NamVirgin Islands, BritishVirgin Islands, U.S.Wallis and FutunaWestern SaharaYemenZambiaZimbabweÅland Islands Country 7. Cell number8. Home number9. Email Address 10. Occupation 11. Work number SPOUSE INFORMATION Your spouse will be the Defendant in the divorce. Once the settlement agreement is signed and the summons is issued, the sheriff will serve a copy of the summons on your spouse. This entails that your spouse is given a copy of the summons and asked to sign a form acknowledging receipt. This is merely done in order to satisfy the Court that your spouse is aware of the action. We will provide the sheriff with your spouse’s contact number and request that they phone him/her beforehand to make arrangements for a suitable date and time to serve the summons. 12. Full names First 13. Last name Last 14. GenderMaleFemale15. Identity number / Date of birth 16. Address Street Address Address Line 2 City State / Province / Region AfghanistanAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntarcticaAntigua and BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBoliviaBonaire, Sint Eustatius and SabaBosnia and HerzegovinaBotswanaBouvet IslandBrazilBritish Indian Ocean TerritoryBrunei DarussalamBulgariaBurkina FasoBurundiCabo VerdeCambodiaCameroonCanadaCayman IslandsCentral African RepublicChadChileChinaChristmas IslandCocos IslandsColombiaComorosCongoCongo, Democratic Republic of theCook IslandsCosta RicaCroatiaCubaCuraçaoCyprusCzechiaCôte d'IvoireDenmarkDjiboutiDominicaDominican RepublicEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEswatiniEthiopiaFalkland IslandsFaroe IslandsFijiFinlandFranceFrench GuianaFrench PolynesiaFrench Southern TerritoriesGabonGambiaGeorgiaGermanyGhanaGibraltarGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuernseyGuineaGuinea-BissauGuyanaHaitiHeard Island and McDonald IslandsHoly SeeHondurasHong KongHungaryIcelandIndiaIndonesiaIranIraqIrelandIsle of ManIsraelItalyJamaicaJapanJerseyJordanKazakhstanKenyaKiribatiKorea, Democratic People's Republic ofKorea, Republic ofKuwaitKyrgyzstanLao People's Democratic RepublicLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMacaoMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMartiniqueMauritaniaMauritiusMayotteMexicoMicronesiaMoldovaMonacoMongoliaMontenegroMontserratMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNew CaledoniaNew ZealandNicaraguaNigerNigeriaNiueNorfolk IslandNorth MacedoniaNorthern Mariana IslandsNorwayOmanPakistanPalauPalestine, State ofPanamaPapua New GuineaParaguayPeruPhilippinesPitcairnPolandPortugalPuerto RicoQatarRomaniaRussian FederationRwandaRéunionSaint BarthélemySaint Helena, Ascension and Tristan da CunhaSaint Kitts and NevisSaint LuciaSaint MartinSaint Pierre and MiquelonSaint Vincent and the GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbiaSeychellesSierra LeoneSingaporeSint MaartenSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSouth Georgia and the South Sandwich IslandsSouth SudanSpainSri LankaSudanSurinameSvalbard and Jan MayenSwedenSwitzerlandSyria Arab RepublicTaiwanTajikistanTanzania, the United Republic ofThailandTimor-LesteTogoTokelauTongaTrinidad and TobagoTunisiaTurkmenistanTurks and Caicos IslandsTuvaluTürkiyeUS Minor Outlying IslandsUgandaUkraineUnited Arab EmiratesUnited KingdomUnited StatesUruguayUzbekistanVanuatuVenezuelaViet NamVirgin Islands, BritishVirgin Islands, U.S.Wallis and FutunaWestern SaharaYemenZambiaZimbabweÅland Islands Country 17. Work Address Street Address Address Line 2 City State / Province / Region AfghanistanAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntarcticaAntigua and BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBoliviaBonaire, Sint Eustatius and SabaBosnia and HerzegovinaBotswanaBouvet IslandBrazilBritish Indian Ocean TerritoryBrunei DarussalamBulgariaBurkina FasoBurundiCabo VerdeCambodiaCameroonCanadaCayman IslandsCentral African RepublicChadChileChinaChristmas IslandCocos IslandsColombiaComorosCongoCongo, Democratic Republic of theCook IslandsCosta RicaCroatiaCubaCuraçaoCyprusCzechiaCôte d'IvoireDenmarkDjiboutiDominicaDominican RepublicEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEswatiniEthiopiaFalkland IslandsFaroe IslandsFijiFinlandFranceFrench GuianaFrench PolynesiaFrench Southern TerritoriesGabonGambiaGeorgiaGermanyGhanaGibraltarGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuernseyGuineaGuinea-BissauGuyanaHaitiHeard Island and McDonald IslandsHoly SeeHondurasHong KongHungaryIcelandIndiaIndonesiaIranIraqIrelandIsle of ManIsraelItalyJamaicaJapanJerseyJordanKazakhstanKenyaKiribatiKorea, Democratic People's Republic ofKorea, Republic ofKuwaitKyrgyzstanLao People's Democratic RepublicLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMacaoMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMartiniqueMauritaniaMauritiusMayotteMexicoMicronesiaMoldovaMonacoMongoliaMontenegroMontserratMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNew CaledoniaNew ZealandNicaraguaNigerNigeriaNiueNorfolk IslandNorth MacedoniaNorthern Mariana IslandsNorwayOmanPakistanPalauPalestine, State ofPanamaPapua New GuineaParaguayPeruPhilippinesPitcairnPolandPortugalPuerto RicoQatarRomaniaRussian FederationRwandaRéunionSaint BarthélemySaint Helena, Ascension and Tristan da CunhaSaint Kitts and NevisSaint LuciaSaint MartinSaint Pierre and MiquelonSaint Vincent and the GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbiaSeychellesSierra LeoneSingaporeSint MaartenSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSouth Georgia and the South Sandwich IslandsSouth SudanSpainSri LankaSudanSurinameSvalbard and Jan MayenSwedenSwitzerlandSyria Arab RepublicTaiwanTajikistanTanzania, the United Republic ofThailandTimor-LesteTogoTokelauTongaTrinidad and TobagoTunisiaTurkmenistanTurks and Caicos IslandsTuvaluTürkiyeUS Minor Outlying IslandsUgandaUkraineUnited Arab EmiratesUnited KingdomUnited StatesUruguayUzbekistanVanuatuVenezuelaViet NamVirgin Islands, BritishVirgin Islands, U.S.Wallis and FutunaWestern SaharaYemenZambiaZimbabweÅland Islands Country 18. Cell number19. Home number20. Email Address 21. Occupation 22. Work number23. Address at which your spouse must be served with the summonsHome AddressWork Address MARRIAGE DETAILS24. Date of Marriage MM slash DD slash YYYY 25. Place of Marriage (Country) 26. How are you married? Married in community of property (this means there was no antenuptial contract entered into and registered prior to the marriage) Married out of Community with Inclusion of the Accrual System Married out of Community with Exclusion of the Accrual System In terms of the laws of another country I am not sure 27. In terms of the laws of what country are you married: 28. What are the reasons for the irretrievable breakdown of your marriage? There is no love or affection between us There is no communication between us My spouse and I constantly argue and fight My spouse has committed adultery I have committed adultery I have lost all respect for my spouse and no longer wish to be married We have drifted apart and there is no prospect for reconciliation We no longer live together as husband and wife Other Please specify other reason: SPOUSAL MAINTENANCE29. Will there be spousal maintenance payable between you and your spouse?NoYes30. Who will be paying the spousal maintenance? My spouse will be paying the spousal maintenance I will be paying spousal maintenance to my spouse 31. The following shall be paid monthly as spousal maintenance: A specific amount Payment of the medical aid monthly premium Payment of all reasonable medical costs not covered by the medical aid Other State the specific amount (in Rands)32. Will the maintenance payable increase annually in line with the Consumer Price Index (CPI)?YesNoPlease specify other payment 33. When will the maintenance terminate? a) At the death or remarriage of the spouse receiving the maintenance b) After a specific period of months from the date of divorce c) After a specific period of years from the date of divorce Specific period of monthsSpecific period of years CHILDREN34. Do you and your spouse have children together?NoYes35. Child's information Child 1What is your child's full name as it appears on his/her birth certificate? What is the gender of your child?MaleFemaleWhat is your child's date of birth or identity number if they have one? What is the name of the school/tertiary institution your child is attending, if any? Child 2What is your child's full name as it appears on his/her birth certificate? What is the gender of your child?MaleFemaleWhat is your child's date of birth or identity number if they have one? What is the name of the school/tertiary institution your child is attending, if any? Child 3What is your child's full name as it appears on his/her birth certificate? What is the gender of your child?MaleFemaleWhat is your child's date of birth or identity number if they have one? What is the name of the school/tertiary institution your child is attending, if any? Child 4What is your child's full name as it appears on his/her birth certificate? What is the gender of your child?MaleFemaleWhat is your child's date of birth or identity number if they have one? What is the name of the school/tertiary institution your child is attending, if any? Child 5What is your child's full name as it appears on his/her birth certificate? What is the gender of your child?MaleFemaleWhat is your child's date of birth or identity number if they have one? What is the name of the school/tertiary institution your child is attending, if any? CONTACT36. With whom is your child/children currently primarily residing? Me My spouse Both of us equally Both of us, as we still reside in the same house 37. With whom will the child/children primarily reside after the divorce? Me My spouse Both of us equally 38. How does your shared residency schedule work: The child/children spend one week with me and one week with my spouse The child/children will spend every alternate weekend with my spouse. Other residency schedule The child/children spend one week with me and one week with my spouse, alternating everyMondayTuesdayWednesdayThursdayFridaySaturdaySundayThe child/children will spend every alternate weekend with my spouse fromFridaySaturdaySundayArrival time (i.e. 14:30) untilFridaySaturdaySundayDeparture time (i.e. 10:00) In addition to this, the child/children shall reside with my spouse during the week as follows:Please specify other residency schedule39. What will the weekly contact with the child/children be for the spouse who does not have primary residence? Every second weekend (Friday until Sunday) Every weekend from (Friday until Sunday) Every Saturday Every Sunday Every second Saturday Every second Sunday During the week Arrival DayMondayTuesdayWednesdayThursdayFridayDeparture DayMondayTuesdayWednesdayThursdayFridayArrival time (i.e. 14:30) Departure time (i.e. 10:00) CONTACT (continued)40. How will the school holidays be divided? All school holidays will be divided equally between me and my spouse. Each parent will have the child/children in his/her care for one short holiday each year and for half of each long holiday (June and December) The normal contact arrangements that takes place during the term will also apply during school holidays Provide details on any other arrangements regarding holiday contact not specified above: 41. Which of the following provisions will also apply to the contact arrangements: Each parent will be entitled to spend a couple of hours with the child/children on their birthday In the event that Mother’s Day and the mother’s birthday coincides with the father’s contact period, the mother shall be entitled to have contact with the children on those days. The same will apply for the father on Father’s Day and his birthday The parties shall equally share contact with the children on Christmas Day, either by splitting the day in half or by alternating Christmas Day each year. The exact arrangements in respect of Christmas Day will be agreed upon by the parties. The parties shall equally share time with the children over Easter Weekend. The exact dates and times shall be agreed between them. Each of the parties will be entitled to reasonable telephonic contact and contact by electronic media with the child whilst they are in the care of the other party. Other provisions Please specify: 42. Which of the following provisions will apply: The parties agree to furnish each other with copies of the child’s school reports and any correspondence or documentation received by them, which relates to the child’s progress at school and/or to any problems that the child may be experiencing. The parties agree to advise each other immediately should the child become ill or injured when in their respective care and shall keep each other appraised of any medical attention that the child should require at any time. In the event of either party being unable to care for the child for an extended period of time, the other party shall be given the first option to care for the child, before the first mentioned party makes alternative child-minding arrangements. If either party is required to make alternative child-minding arrangements, it will be discussed and agreed on beforehand. 43. Please select which one of the following will apply to the decision making about matters concerning the children: Decisions regarding the daily care and routine of the minor child shall be made by the party in whose care he is in at the time. The parties shall jointly make decisions regarding the child’s schooling, the courses he/she/they takes and any major decisions about the child’s general education; major decisions about the child's medical care, save in the case of an emergency; decisions about the child's religious and spiritual upbringing and any change that they wish to make in this regard; and decisions which are likely to significantly change the child's living conditions or to have an adverse effect on his/her/their well-being. 44. Do you want to make provision for an independent person (social worker, child psychologist or attorney) to be appointed as a Parenting Co-ordinator (PC)?A PC is someone who will assist you and your ex-spouse with dispute resolution in the event that the two of you are unable to reach an agreement on any issue regarding the child. A PC will act as a mediator and in limited instances the PC may make a directive that is binding on the parties. The PC may not issue a directive that will change the essence of the agreement and can only issue directives that will assist with the implementation of the agreement. It is advisable to have an alternative dispute resolution mechanism in the agreement, as it will prevent you having to approach the Court every time a dispute arise. The appointment of a PC does not prevent you from approaching the Court, if necessary. YesNo45.1 The cost of the PC will depend on the person appointed (either by agreement between you and your spouse or by the chairperson of FAMAC). How will the cost of the PC be divided? a) We will each pay 50% b) My spouse will pay a certain percentage and I will pay the balance 45.2 Specify the percentage (%) that your spouse will pay.05101520253035404550556065707580859095100 MAINTENANCE Both parents have an obligation to maintain the child/children, pro rata according to their means. The settlement agreement must thus contain provisions of how the children will be maintained.46. Until when will the maintenance be paid? Until the child is self-supporting Until the child reach the age of majority or become self-supporting, whichever occurs first Until the child complete Secondary education or become self-supporting, whichever occurs first Other Please specify 47. Will either spouse pay a cash amount to the other spouse for maintenance of the child/children? Yes, I will pay a cash amount to my spouse each month Yes, my spouse will pay a cash amount to me each month No, neither of us will pay a cash amount to the other 48. How much cash maintenance will be paid per child per month (in Rands)? 49. Will the cash amount increase annually in line with the Consumer Price Index (CPI)?The CPI rate is the rate of inflation in South Africa. YesNo50. Who will be responsible for payment of the child/children’s educational costs, including but not limited to, school fees, aftercare, additional tuition fees, school outings, camps, tours, annual stationery and book fees and extra mural activities and sport equipment: Me My spouse Both of us equally 51. Are the children dependent members of a medical aid? Yes, they are dependents on my medical aid Yes, they are dependents on my spouse's medical aid No 52. Who will be responsible for payment of the medical aid premiums? Me My spouse Both of us equally 53. Who will be responsible for payment of medical costs not covered by the medical aid, if any, including but not limited to medical, dental, pharmaceutical, surgical, hospital, orthodontic and ophthalmological treatment required by the child/children that are not covered by the medical aid, including any sums payable to a physiotherapist, occupational therapist, practitioner of holistic medicine, psychiatrist/psychologist, chiropractor, the cost of medication not covered by the medical aid and the provision, where necessary, of spectacles and/or contact lenses: Me My spouse Both of us equally 54. Who will pay for tertiary education? Me My spouse Both of us equally Both of us pro rata according to our means at the time The settlement agreement should not make provision for tertiary education 55. Are there any other maintenance arrangements in respect of the children not dealt with above, please specify: IMMOVABLE ASSETS:56. Do you and your spouse own immovable property such as a house, townhouse, apartment, etc?NoYes57. Select the number of properties you own jointly/separately123Property 158.1. What type of property is it? ERF SECTIONAL TITLE FARM INDUSTRIAL PROPERTY 58.2. Please give a description of the property for the purpose of identifying it in the agreement (the description on the title deed or the physical address): 58.3. Is there a mortgage bond registered over the property?NoYesAt which financial institution? 58.4. What should happen to the property when your divorce is finalized? It will be sold and the proceeds of which will be divided equally between both spouses. It will be sold and the proceeds will be paid to me It will be sold and the proceeds will be paid to my spouse I will retain the property as my sole and exclusive property. My spouse will transfer his/her share to me. My spouse will retain the property as his/her sole and exclusive property and I will transfer my share in the property to my spouse. My spouse does not own a share in the property and I will retain the property as my sole and exclusive property (only if not married in community of property) I do not own a share in the property and my spouse will retain the property as his/her sole and exclusive property (only if not married in community of property) 58.5 Who will pay for the transfer of the share in the property? Me My spouse We will both pay equally 58.6 Who will reside in the property or have exclusive use of the property from date of signature of this agreement? Me My spouse Both of us Other person Please specify 58.7 Who will be responsible for payment of the monthly mortgage bond installment until the date of the transfer? Me My spouse Both of us equally 58.8. What will happen to the mortgage bond on transfer? I will take over the full outstanding bond My spouse will take over the full outstanding bond I will settle the outstanding liability and the bond will be cancelled My spouse will settle the outstanding liability and the bond will be cancelled My spouse and I will both settle the outstanding loan amount and the mortgage bond will be cancelled. We will each pay 50% of the outstanding liability. 58.9. Who will pay the monthly rates, taxes, home owners insurance, repairs and maintenance and all the other costs relating to the property until the date of transfer: Me My spouse Both of us equally Property 259.1. What type of property is it? ERF SECTIONAL TITLE FARM INDUSTRIAL PROPERTY 59.2. Please give a description of the property for the purpose of identifying it in the agreement (the description on the title deed or the physical address): 59.3. Is there a mortgage bond registered over the property?NoYesAt which financial institution? 59.4. What should happen to the property when your divorce is finalized? It will be sold and the proceeds of which will be divided equally between both spouses. It will be sold and the proceeds will be paid to me It will be sold and the proceeds will be paid to my spouse I will retain the property as my sole and exclusive property. My spouse will transfer his/her share to me. My spouse will retain the property as his/her sole and exclusive property and I will transfer my share in the property to my spouse. My spouse does not own a share in the property and I will retain the property as my sole and exclusive property (only if not married in community of property) I do not own a share in the property and my spouse will retain the property as his/her sole and exclusive property (only if not married in community of property) 59.5 Who will pay for the transfer of the share in the property? Me My spouse We will both pay equally 59.6 Who will reside in the property or have exclusive use of the property from date of signature of this agreement? Me My spouse Both of us Other person Please specify 59.7 Who will be responsible for payment of the monthly mortgage bond installment until the date of the transfer? Me My spouse Both of us equally 59.8. What will happen to the mortgage bond on transfer? I will take over the full outstanding bond My spouse will take over the full outstanding bond I will settle the outstanding liability and the bond will be cancelled My spouse will settle the outstanding liability and the bond will be cancelled My spouse and I will both settle the outstanding loan amount and the mortgage bond will be cancelled. We will each pay 50% of the outstanding liability. 59.9. Who will pay the monthly rates, taxes, home owners insurance, repairs and maintenance and all the other costs relating to the property until the date of transfer: Me My spouse Both of us equally Property 360.1. What type of property is it? ERF SECTIONAL TITLE FARM INDUSTRIAL PROPERTY 60.2. Please give a description of the property for the purpose of identifying it in the agreement (the description on the title deed or the physical address): 60.3. Is there a mortgage bond registered over the property?NoYesAt which financial institution? 60.4. What should happen to the property when your divorce is finalized? It will be sold and the proceeds of which will be divided equally between both spouses. It will be sold and the proceeds will be paid to me It will be sold and the proceeds will be paid to my spouse I will retain the property as my sole and exclusive property. My spouse will transfer his/her share to me. My spouse will retain the property as his/her sole and exclusive property and I will transfer my share in the property to my spouse. My spouse does not own a share in the property and I will retain the property as my sole and exclusive property (only if not married in community of property) I do not own a share in the property and my spouse will retain the property as his/her sole and exclusive property (only if not married in community of property) 60.5 Who will pay for the transfer of the share in the property? Me My spouse We will both pay equally 60.6 Who will reside in the property or have exclusive use of the property from date of signature of this agreement? Me My spouse Both of us Other person Please specify 60.7 Who will be responsible for payment of the monthly mortgage bond installment until the date of the transfer? Me My spouse Both of us equally 60.8. What will happen to the mortgage bond on transfer? I will take over the full outstanding bond My spouse will take over the full outstanding bond I will settle the outstanding liability and the bond will be cancelled My spouse will settle the outstanding liability and the bond will be cancelled My spouse and I will both settle the outstanding loan amount and the mortgage bond will be cancelled. We will each pay 50% of the outstanding liability. 60.9. Who will pay the monthly rates, taxes, home owners insurance, repairs and maintenance and all the other costs relating to the property until the date of transfer: Me My spouse Both of us equally 61. Are there any other arrangements regarding the immovable property that has not been dealt with, if so, please specify OTHER ASSETS 62. Do you have any vehicles registered in your name? We will deal with the vehicles registered in your spouse’s name below.NoYes63. Provide a description of any vehicles(s) registered in your name:Vehicle A - Make, model and registration number: Vehicle B - Make, model and registration number:Vehicle B - Make, model and registration number: 64. What should happen to the vehicle(s) when your divorce is finalized? It will be sold and the proceeds of which will be divided equally between both spouses. It will remain in my name It will be transferred to my spouse's name, at his/her cost It will be transferred to my spouse's name, at my cost 65. Does your spouse have a vehicle registered in his/her name?NoYes66. Provide a description of any vehicles(s) registered in your spouse's name:Vehicle A - Make, model and registration number: Vehicle B - Make, model and registration number:Vehicle B - Make, model and registration number: 67. What should happen to the vehicle(s) when your divorce is finalized? It will be sold and the proceeds of which will be divided equally between both spouses. It will remain in my spouse's name It will be transferred to me, at his/her cost It will be transferred to me, at my cost 68. Are there any other arrangements regarding a vehicle that must be recorded in your settlement agreement, if so, please specify 69. Do you or your spouse have any retirement annuities and/or pension funds presently registered in either of your names that you intend to draw funds from in order to pay the other spouse of which you intend to transfer to the other spouse? If your answer is no, we will assume that each spouse will retain his/her retirement annuities and/or pension funds.NoYes69.1 Provide a description of the policies which you would like to draw from on divorce. “Member” means the spouse in whose name the policy is currently registered. Please note that if you wish to deal with more than one pension fund or retirement annuity, you will be given this option below.Member name: Type of fund:Type of fund: Financial institution:Financial institution: Policy/Reference Number:Policy/Reference Number: 69.2. What should happen to the funds/policies/investments when your divorce is finalized? 50% of the pension interest at date of divorce, will be transferred to the non-member spouse A percentage (%) of the pension interest at date of divorce, will be transferred to the non-member spouse. A fixed amount must be paid to non-member spouse Specify percentage (%) Specify fixed amount (in Rands) 69.3. Provide a description of any additional policies which you would like to draw from on divorce.Member name: Type of fund:Type of fund: Financial institution:Financial institution: Policy/Reference Number:Policy/Reference Number: 69.4. What should happen to the funds/policies/investments when your divorce is finalized? 50% of the pension interest at date of divorce, will be transferred to the non-member spouse A percentage (%) of the pension interest at date of divorce, will be transferred to the non-member spouse. A fixed amount must be paid to non-member spouse Specify percentage (%) Specify fixed amount (in Rands) SPECIFIC ITEMS OF FURNITURE: 78. How will you divide the household content? Please fill in the description of the items that each party will retain in the below columns. The remainder of the household furniture, not specifically mentioned in the columns, will be retained by the party in whose possession it is. NB. Use as much detail as possible in describing the item so that there can be no disagreement between you and your spouse when the time comes to physically remove the items from the home. Eg. Red lounge suite (3 pieces) Gym equipment (All dumbbells and bench-press) Items of furniture which will become or remain property of yours: Items of furniture which are to become or remain property of your spouse: DEBTS AND LIABILITIES: 71. What should happen with the debts and liabilities owed by the spouses, upon dissolution of the marriage? Each party shall be liable for his/her own debts as of date of signature hereof and insofar as is possible and inter se each party hereby indemnifies the other from any claims arising in respect of such party's debts. I will be responsible for paying a specific amount and my spouse will be responsible for paying a specific amount. For the remainder of the liabilities each party shall be liable for his/her own debts as of date of signature hereof and insofar as is possible and inter se each party hereby indemnifies the other from any claims arising in respect of such party's debts. I will be responsible for paying (in Rands): My spouse will be responsible for paying (in Rands): 72. Are there any other particulars that you would like to be included in the settlement agreement? SUPPORTING DOCUMENTS Please attach the following documents: 1. A copy of your identity document; 2. A copy of your marriage certificate; 3. A copy of your antenuptial contract; if any 4. Proof of your residential address, not older than 3 months (such as a municipal account, lease agreement, monthly cellphone contract, Telkom account, etc.). 5. If you are distributing funds from a pension fund, a statement reflecting the policy details. 1. Copy of identity documentAccepted file types: jpeg, png, pdf, bmp, tiff, gif, Max. file size: 32 MB.2. Copy of marriage certificateAccepted file types: jpg, png, pdf, bmp, tiff, gif, Max. file size: 32 MB.3. Copy of antenuptial contractAccepted file types: jpg, png, pdf, bmp, tiff, gif, Max. file size: 32 MB.4. Proof of residential addressAccepted file types: jpg, png, pdf, bmp, tiff, gif, Max. file size: 32 MB.5. Pension fund policy detailsAccepted file types: jpg, png, pdf, bmp, tiff, gif, Max. file size: 32 MB.
