Separation Agreements - RSB Attorneys

Separation Agreement

Secure your future during separation with a formal agreement protecting your finances and family.

There are several instances when separation agreements can become applicable and necessary, such as instances where spouse intend to formally separate, either for an agreement period of time or indefinitely, or when parents who are not married wish to separate. In both instances, matters such as finances and parental matters will need to be considered and agreed.

It is certainly advisable, when taking such steps or contemplating a separation, to formalise such separation in agreement with the assistance of a specialised Family Law attorney.

FAQs

What is a separation agreement?

A separation agreement is a legally binding contract created when a couple decides to live apart. It’s suitable for both married couples who don’t yet want to divorce and for unmarried couples who are separating.

This written agreement formally records how you will handle important matters, including:

Division of assets and debts.
Spousal or partner maintenance (financial support).
Arrangements for any children, which are detailed in a parenting plan.

Is a separation agreement legally binding?

Yes. Once signed by both parties, it has the same legal weight as any other contract in South Africa. If the agreement is breached, the other party can take legal action. When a separation agreement includes a parenting plan, it can be registered with the Family Advocate or made an order of the court, making its terms regarding children legally enforceable by a court.

Do we need a lawyer for a separation agreement?

While you aren’t legally required to use a lawyer, it is highly recommended. An experienced family law attorney ensures that the agreement is fair, covers all necessary legal points, and is drafted correctly to be enforceable. This professional assistance protects both parties’ rights and significantly reduces the risk of future conflicts or the agreement being challenged in court.

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Contact Info

Contact Phone

011 463 4551

Contact Mail

reception@rsbattorneys.co.za

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