Online divorce.

Do you know where your husband/wife is and how he/she can be contacted? (If the answer is “NO” please do NOT continue)
—Please choose an option—YesNo

Are both spouses in agreement on ALL terms of the divorce settlement? (If the answer is “NO” please do NOT continue)
—Please choose an option—YesNo

Are both spouses currently living in South Africa? (If the answer is “NO” please do NOT continue)
—Please choose an option—YesNo

YOUR INFORMATION

Full name

Last name

Maiden name (if applicable)

Gender
—Please choose an option—MaleFemaleOther

Identity Number

Email address

Cell number

Home number

Address

Occupation

Work Address

Work Number

HUSBAND / WIFE INFORMATION [DEFENDANT]

Full name

Last name

Maiden name (if applicable)

Gender
—Please choose an option—MaleFemaleOther

Identity Number

Email Address

Cell Number

Home Number

Address

Occupation

Work Address

Work Number

Address at which your spouse must be served with the summons
—Please choose an option—WorkHome AddressCollect at Sheriff's office

MARRIAGE DETAILS

On what date did you get married?

In terms of which marriage regime are you married?
—Please choose an option—Married out of Community of Property with the Exclusion of the Accrual System (You have an Ante-nuptial contract)Married out of Community of Property with the Inclusion of the Accrual System (You have an Ante-nuptial contract)Married in community of property (You don’t have an Ante-nuptial contract)Not in terms of the South African Law

Where did you get married?

What led to the irretrievable breakdown of your marriage?
—Please choose an option—Communication Issues: Persistent misunderstandings or lack of effective communication that led to resentment and emotional distance.Incompatibility: Fundamental differences in values, beliefs, or lifestyles may become more pronounced over time.Emotional or Physical Abuse: Any form of abuse is a substantial reason for a breakdown and often necessitates leaving the relationship.Trust Issues: Betrayals, infidelity, or dishonesty can erode the foundation of trust necessary for a healthy relationship.We no longer reside together as husband and wife.We no longer reside together as husband and wife.Sexual incompatibility.Constant arguments.Unequal financial contribution to the household expenses.Other

If selected other, please clarify

Will spousal maintenance be payable between you and your spouse?
—Please choose an option—YesNo

IF YES:

By whom will the spousal maintenance be paid?
—Please choose an option—PlaintiffDefendant

The following shall be paid as spousal maintenance per month:
—Please choose an option—A specific cash amountPayment of the medical aid premiumPayment of all reasonable medical costs not covered by the medical aid

Please confirm how the maintenance will be paid (in your bank account/directly to the service provider) and by what date:

Payment of maintenance will terminate on the below nominated occurrence
—Please choose an option—At the death or remarriage of the spouse receiving the maintenance, whichever occurs firstAfter a specific period of months from the date of divorceAfter a specific period of years from the date of divorce

CHILDREN

Are there minor children born from the marriage?
—Please choose an option—YesNo

IF YES:

How many children do you have?

Child’s information

State your child’s full name as it appears on his/her birth certificate?

State the gender of your child?
MaleFemale

State your child’s date of birth or identity number if they have one?

MAINTENANCE

Until when will the maintenance be paid?
—Please choose an option—Until the child is self-supportingUntil the child reaches the age of majority or become self-supporting, whichever occurs last

Will there be a cash amount paid in respect of the child/children?
—Please choose an option—YesNo

IF YES:

Who will pay the monthly cash amount and what will the amount be?

How will the monthly cash amount be paid?

On or before which date of the month will the monthly cash amount be paid? This will be repeated consecutively each and every month.

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:
—Please choose an option—PlaintiffDefendantBoth

How will the expenses be paid?

Is the child/ren registered as dependents on a medical aid?
—Please choose an option—YesNo

On whose medical aid is the child/ren registered as dependents?
—Please choose an option—PlaintiffDefendantOther

Who will be responsible for the payment of the monthly premium to retain the child/ren as dependents on the Medical Aid (if applicable)?
—Please choose an option—PlaintiffDefendant

Any additional information you wish to provide regarding the medical aid?

Who will be responsible for Medical Costs/costs Not Covered by the Medical Aid?
—Please choose an option—PlaintiffDefendantBoth

Any additional information you wish to provide regarding the medical costs?

Who will pay for the child/children’s tertiary education?
—Please choose an option—PlaintiffDefendantBoth

Are there any other maintenance arrangements in respect of the children not dealt with above, please specify:

CONTACT

Current primary residence of your child/children?
—Please choose an option—PlaintiffDefendantBoth of us on an equal basisBoth of us, as we are still living together

Where will the child/children reside primarily after the divorce?
—Please choose an option—PlaintiffDefendantBoth of us on an equal rotational basis

In the event that the child/ren will reside with the parents primarily, please specify how the non-primary parent will exercise contact with the child/children

How will the school holidays be divided between the parties?
—Please choose an option—Equal division of all school holidays between Plaintiff and Defendant.Each parent will have the child/children in his/her care for one short school holiday each year and for half of each long school holiday (June and December)The agreed contact arrangements during term will also be in effect during school holidays.

Provide details in respect of any additional arrangements regarding holiday contact not specified above:

Please specify the following:

How will the child/children’s birthday be split?

How will the mother’s birthday and Mother’s Day be dealt with?

How will the father’s birthday and Father’s Day be dealt with?

How will special holidays, such as Easter Weekend, Christmas Day and New Years be split?

The contact times for telephone contact for the parent in whose care the minor child/children are not.

Please confirm whether there are any additional agreements between the Plaintiff and Defendant.

Which of the following provisions will apply:
—Please choose an option—The parties agree to provide each other with copies of the child’s school reports and any correspondence or documentation they receive related to the child’s academic progress and any issues the child may be facing.The parties agree to promptly inform each other if the child becomes ill or injured while in their care, and to keep each other updated on any medical attention the child may need, excluding emergency care, for which the other parent will be notified as soon as possible after treatment.If either party is unable to care for the child for an extended period, the other party will have the first opportunity to take care of the child before any alternative childcare arrangements are made. Should alternative arrangements be necessary, they will be discussed and agreed upon in advance.

Please select which one of the following will apply to the decision making about matters concerning the children:
—Please choose an option—Decisions regarding the daily routine and care of the minor child shall be made by the party in whose care the child/children is in at the time.The parties shall jointly make decisions regarding the child/children’s schooling, the courses he/she/they takes and any major decisions about the child/children’s general education; major decisions about the child/children’s medical care, save in the case of an emergency; decisions about the child/children’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/children’s living conditions or to have an adverse effect on his/her/their well-being.

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 former 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 the parties 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.
—Please choose an option—YesNo

The cost of the PC will depend on the person appointed, either by mutual agreement between you and your spouse or by the chairperson of FAMAC. How will the expenses for the PC be shared?
—Please choose an option—Each parent will pay 50%My spouse will pay a certain percentage and I will pay the balance

IMMOVABLE ASSETS

Do you and your spouse own immovable property such as a house, townhouse, apartment, etc?
—Please choose an option—YesNo

Select the number of properties you own jointly/separately
—Please choose an option—123456789+

What type of property is it?
—Please choose an option—ERFSECTIONAL TITLEFARM

Who is the registered owner of the property?
—Please choose an option—PlaintiffDefendantBoth

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):

Is there a mortgage bond registered over the property?
—Please choose an option—PlaintiffDefendantBoth

What will happen to the existing mortgage bond registered over the property when your divorce is finalized?
—Please choose an option—It will be cancelled.A second bond will be registered to pay a cash amount to the Plaintiff.A second bond will be registered to pay a cash amount to the Defendant.Plaintiff will substitute Defendant as debtor on the existing mortgage bond and release Defendant from the bond.Defendant will substitute Plaintiff as debtor on the existing mortgage bond and release Plaintiff from the bond.

What should happen to the property when your divorce is finalized?
—Please choose an option—The property will be soldI will keep the property as my sole and exclusive asset, and my husband/wife will transfer his/her share to me at his/her expense.My husband/wife will keep the property as his/her sole and exclusive asset, and I will transfer my share to him/her at his/her expense.My husband/wife does not have a share in the property, and I will retain it as my sole and exclusive asset (only applicable if not married in community of property).I do not have a share in the property, and my husband/wife will retain it as his/her sole and exclusive asset (only applicable if not married in community of property).

If the property is sold, who will the proceeds be paid to
—Please choose an option—PlaintiffDefendantDivided

Who will reside in the property or have exclusive use of the property from date of signature of this agreement?
—Please choose an option—PlaintiffDefendantBothAnother person

Who will pay the monthly rates, taxes, homeowners insurance, repairs and maintenance, bond and all the other costs relating to the property until the date of transfer:
—Please choose an option—PlaintiffDefendantBoth

Are there any other arrangements regarding the immovable property that has not been dealt with, if so, please specify

SPECIFIC ITEMS OF FURNITURE

What will happen to the household furniture and items?

Items of furniture which will become or remain property of yours:

Items of furniture which are to become or remain property of your spouse:

OTHER ASSETS

Do you have any motor vehicles registered in your name?
—Please choose an option—YesNo

Provide a description of any motor vehicles(s) registered in your name

What should happen to the motor vehicle(s) when your divorce is finalized?
—Please choose an option—The motor vehicle will be sold, and the proceeds will be divided between both spousesThe motor vehicle will be sold, and I will receive the proceeds.The motor vehicle will be sold, and my husband/wife will receive the proceeds.The motor vehicle will remain in my name.The motor vehicle will be transferred to my husband/wife's name at his/her expense.The motor vehicle will be transferred to my husband/wife's name at my expense.

Does your husband/wife have a motor vehicle registered in his/her name?
—Please choose an option—YesNo

What will happen once the divorce is settled and finalised?
—Please choose an option—The motor vehicle will be sold, and the proceeds will be split equally between both Plaintiff and Defendant.The motor vehicle will be sold, and I will receive the proceeds.The motor vehicle will be sold, and my husband/wife will receive the proceeds.The motor vehicle will stay in my name.The motor vehicle will be transferred to my husband/wife's name at his/her expense.The motor vehicle will be transferred to my husband/wife's name at my expense.

Are there any other arrangements regarding a motor vehicle that must be recorded in your settlement agreement, if so, please specify

Do you or your husband/wife have any retirement annuities or pension funds currently registered in either of your names that you plan to access in order to pay the other spouse? If your answer is no, we will assume that each spouse will keep their respective retirement annuities and/or pension funds.
—Please choose an option—YesNo

If yes, 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:

Financial institution:

Policy/Reference number:

What should happen to the funds/policies/investments when your divorce is finalized?
—Please choose an option—50% of the pension interest as of the date of divorce will be transferred to the non-member spouse.A certain percentage of the pension interest at the date of divorce will be transferred to the non-member spouse.A fixed amount will be paid to the non-member spouse.

Provide a description of any additional policies which you would like to draw from on divorce

Member name:

Financial institution:

Policy/Reference Number:

What should happen to the funds/policies/investments when your divorce is finalized and a Final Decree of Divorce is awarded?
—Please choose an option—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.

DEBTS AND LIABILITIES

How should you and your husband/wife’s debts and liabilities be dealt with upon dissolution of the marriage?
—Please choose an option—Each party will be responsible for their own debts as of the date of signing this agreement, and to the extent possible, each party indemnifies the other from any claims related to those debts.My spouse and I have created a list indicating which party will be responsible for respective debts. For any remaining liabilities, each party will be liable for their own debts as of the date of signing this agreement, and to the extent possible, each party indemnifies the other from any claims arising from those debts.

Are there any other particulars that you would like to be included in the settlement agreement?

Δ