AGREEMENT
IN
TERMS OF SECTION 7 OF THE DIVORCE ACT 1979
BETWEEN
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and
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IN THE HIGH COURT OF SOUTH AFRICA
NATAL PROVINCIAL DIVISION CASE NO:-----2012
In the matter between:
---------------
Plaintiff
and
--------------------- Defendant
(born ----------------)
SETTLEMENT AGREEMENT
PREAMBLE
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1.1
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The
parties were married to each other in community of property on the 5th
day of August 1989 and at Empangeni.
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1.2
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The
parties agree that the marriage has irretrievably broken down and that they
are to be divorced.
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1.3
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The
parties have reached agreement with regard to property and other proprietary
and ancillary consequences of divorce.
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1.4
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The
agreement is hereby recorded in writing.
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2.
DEFINITIONS
In
this agreement the following words shall have the meanings assigned to them
hereunder:-
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2.1
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"Dan”
– Dan Govender
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2.2
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"Vera”
– Vera Govender ( Born------------)
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2.3
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"the
Parties" – Dan and Vera
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2.4
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“the
minor child"- Deborah Govender
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2.5
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"The
Order of Divorce" – the order of divorce to be granted by the High Court
Pietermaritzburg.
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2.6
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Headings
of clauses shall be deemed to have been included for the purposes of
convenience only and shall not affect the interpretation of the agreement.
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2.7
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Unless
inconsistent with the context, words relating to any gender shall include the
other genders, words relating to the singular shall include the plural and
vice versa and words relating to natural.
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3.
DIVORCE
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3.1
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The
terms and conditions of this agreement shall only come into effect upon the
granting by the Court of the order of divorce.
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3.2
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The
order of divorce sought by the party attending Court for the trial of the
divorce action shall confirm the terms and conditions of this agreement,
which, insofar as may be permitted by the court, shall be included in the
order of divorce granted.
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A. SETTLEMENT OF ISSUES PERTAINING TO THE
CHILDREN
1.1
Primary Care-giving
The parties agree that it would be in the best
interest of the minor children, namely DEBORAH
GOVENDER, a daughter born on the 3RD day of February 2000 that primary care giving of her be awarded to Vera.
1.2 Contact rights
1.2.1 Dan shall have reasonable contact
rights to the minor child, including, but not limited to alternate weekends and
alternative school holidays. The December / January school holiday will be
divided counting as two separate holidays hence ensuring that the minor child
spend alternative Christmases with Dan.
1.2.2 It is agreed that for Christmas 2012 the
children will be with Vera whilst the children will share the second part of
the December /January 2012 holiday with Dan.
1.2.3 It is agreed that as far as possible Dan
will have contact to the minor child on her birthday as well as on father’s
day.
1.2.4 It is furthermore agreed that Dan will
collect and return the minor child from Vera’s home on a daily basis in taking her
to and from school. The aforesaid arrangement is conditional to the parties
residing in the same town.
1.2.5 It is agreed that during Dan’s contact
weekends he will collect the child from Vera’s home at no later than 18h00 on a
Friday and return her by no later than 18h00 on a Sunday.
1.3 Maintenance
1.3.1 The parties agree that Vera reasonably
requires and that Dan is able to pay maintenance on a monthly basis in respect
of the minor child in the sum of R2000-00 per month;
1.3.2
The
maintenance payable to Vera in respect of the minor child will be paid monthly in advance, on or before the 7th
day of each month directly into the bank account of Vera.
1.3.3
Dan’s
maintenance obligation will terminate once the respective child becomes a major
or self-supported which ever occasion may occur first.
1.4
Medical Aid
1.4.1
The
minor child will be retained as dependent on Dan’s medical aid fund. Dan will
also be labile for the payment of all reasonable and necessary medical expenses
incurred by Vera on behalf of the minor child.
1.4.2
It
is agreed that Vera will furnish Dan with proof of any surcharge or levy not
paid by the medical aid fund where after Dan will attend to reimburse Vera the
amount owing within 14 days thereof.
1.4.3 Dan will provide Vera with a copy his
medical aid card to insure that Vera has all necessary medical aid information at
hand in case of an emergency.
1.5
Educational Expenses
1.5.1
It
is agreed that Dan will attend to payment of all reasonable and necessary
educational expenses incurred on behalf of the minor child.
1.5.2
It
is recorded that the minor child is attending St Catherine’s school and it agreed that prior to Vera removing the
child from the said school, she will discuss same with Dan. In the event of Vera
removing the minor child from the said school without discussing same with Dan
it is recorded that Dan will only contribute an amount equal to what he would
be paying at St Catherine’s school to Vera in lieu of school fees.
1.5.3
It
is furthermore agreed that Dan will be labile for necessary school uniform,
school books, stationary, outings, extra – mural activities including piano
lessons incurred by Vera in respect of the minor child.
1.5.4
Vera
will provide Dan with proof of such expenses as referred to in para 1.5.3 herein above where after Dan undertakes to settle same within 14(FOURTEEN) days
thereafter.
A. SETTLEMENT OF PROPRIETARY CLAIMS
4.1 Immovable Property
4.1.1 It is recorded that Dan and Vera are the joint
owners of the following immovable property:-
122 David
Glenny; EMPANGENI, KwaZulu Natal and
4.1.2
It
is agreed that Vera will retain as her sole and exclusive property the properties
described as 122 David Glenny, EMPANGENI.
4.1.3
It
is furthermore agreed that Vera will pay Dan an amount of R300000-00(THREE
HUNDRED THOUSAND RAND) in lieu of his half share in the said properties.
4.1.4
Vera
will attend to payment of the aforesaid amount directly to Dan within ONE month
from date of divorce.
4.1.5
It
is furthermore agreed that Vera will, at her own cost, attend to the transfer
of Dan’s half share in the properties within THREE months of date of
divorce.
4.1.6
It
is agreed that the aforesaid arrangement as set forth in para 4.1.2 and 4.1.3 is conditional to Vera
being successful in obtaining a bond to the value of the R1 million within 1 (ONE)
month after date of signature hereof.
4.1.7
Vera
will be solely responsible for payment of all expenses in connection with the
properties as from date of divorce, such to include the bond repayments, levy
payments, electricity accounts, water accounts and any further accounts related
to the said property.
4.1.8 The conveyancing documents to give effect to
the transfer of the said properties as described herein above will be attended
to by D Inc.
4.2 Movable Property
4.2.1 Household Furniture
It is agreed that the household
furniture presently held at 122 David Glenny, EMPANGENI will be retained by Vera
as her sole and exclusive properties except for the following items:-
1 x Bar fridge;
Camping equipment; Cano;
fishing equipment , bicycle
All tools (electrical and
other);
that will be retained by Dan as
his sole and exclusive property.
4.2.2
Motor Vehicle
Dan will retain the Colt, registration
number NUF 1 as his sole and exclusive property, whilst Vera will retain the
Mercedes Benz bearing registration number NUF 6 as her sole and exclusive
property. Each party will be labile for their own vehicles insurance and vehicle installments and indemnifies the other party from any liability in this regard.
4.3
Debts & Legal Costs
It is agreed that each party will attend to payment of
their own debts incurred in their names and legal costs.
4.4 Policies & Pension Funds
Each party shall be entitled to retain his/her own
policies of life assurance, retirement annuities and pension or provident funds
as their sole and exclusive property and will there be no claims against made
respectively.
5.
The parties acknowledge that this agreement is in full
and final settlement of all the outstanding matters between them, including all
claims arising out of the provisions of this agreement.
6.
The terms and conditions of this agreement shall be
binding on the parties’ estate, their heirs, executors and assigns.
7.
Each party chooses his/her domicillium citandi et executandi for all purposes under this
agreement at:
In the case of the Plaintiff:
In the case of the Defendant:
8.
No variation or an abandonment or waiver of rights or
obligations shall be binding unless contained in this agreement or subsequently
rendered to writing and signed by the parties.
THIS
DONE AND SIGNED at RICHARDS BAY on this___day of NOVEMBER 2012.
AS
WITNESSES:
1. ________________________
______________________
PLAINTIFF
2. ________________________
THIS
DONE AND SIGNED at RICHARDS BAY on this____day of NOVEMBER 2012.
AS
WITNESSES:
1. ________________________
______________________
DEFENDANT
2. ________________________
