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Divorce Settlement Agreement (Consent Paper) Template — South Africa
A Divorce Settlement Agreement (Consent Paper) is the written agreement that records the consequences of the divorce — asset division, maintenance, children, pension interest — and is incorporated by the court into the decree of divorce as an order of court. Our free template generates a Divorce Act 70 of 1979-compliant consent paper covering the Two-Pot pension system (1 September 2024), Children's Act best-interest framework, asset division and co-parenting.
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DEED OF SETTLEMENT (CONSENT PAPER)
Sipho Mthembu (Plaintiff) V Thandi Mthembu (Born Nkosi) (Defendant) · Republic Of South Africa
PLAINTIFF
Sipho Mthembu
47 Berea Road, Durban 4001
Occupation: Chartered Accountant (CA(SA))
SA ID: 7807205009088
Occupation: Chartered Accountant (CA(SA))
SA ID: 7807205009088
DEFENDANT
Thandi Mthembu (born Nkosi)
22 Fredman Drive, Sandton 2196
Occupation: Senior Software Engineer
SA ID: 8003150000087
Occupation: Senior Software Engineer
SA ID: 8003150000087
Married: 15 December 2015
Regime: out of community of property with the accrual system
WHEREAS the parties were married to one another on 15 December 2015 at Cape Town, Western Cape, out of community of property with the accrual system; AND WHEREAS the marriage relationship between the parties has irretrievably broken down to such an extent that there is no reasonable prospect of the restoration of a normal marriage relationship; AND WHEREAS the parties wish to record the consequences of the divorce in writing for incorporation into the divorce order in terms of section 7(1) of the Divorce Act 70 of 1979. The parties commenced living apart on or about 1 February 2026 with the intention of bringing the marriage to an end. NOW THEREFORE the parties agree as follows:
1.
IRRETRIEVABLE BREAKDOWN
The parties confirm that the marriage relationship has irretrievably broken down and that there is no reasonable prospect of restoration. The parties shall jointly apply to court for a decree of divorce on this basis.
2.
MINOR CHILDREN OF THE MARRIAGE
The following minor children were born of the marriage:
Child 1: Lerato Mthembu, born 14 June 2018 (SA ID/Birth Cert 1806145009082)
Child 2: Bongani Mthembu, born 22 September 2021 (SA ID/Birth Cert 2109225009083)
Both parents shall retain full parental responsibilities and rights (care, contact and guardianship) under sections 18 and 19 of the Children's Act 38 of 2005, jointly exercised as set out in this agreement. The children shall reside primarily with the Defendant, with the non-primary parent enjoying contact every alternate weekend from Friday after school to Sunday evening, plus mid-week supper contact each Wednesday.
Child 1: Lerato Mthembu, born 14 June 2018 (SA ID/Birth Cert 1806145009082)
Child 2: Bongani Mthembu, born 22 September 2021 (SA ID/Birth Cert 2109225009083)
Both parents shall retain full parental responsibilities and rights (care, contact and guardianship) under sections 18 and 19 of the Children's Act 38 of 2005, jointly exercised as set out in this agreement. The children shall reside primarily with the Defendant, with the non-primary parent enjoying contact every alternate weekend from Friday after school to Sunday evening, plus mid-week supper contact each Wednesday.
3.
DIVISION OF ASSETS
Immovable property: The matrimonial home at Erf 1234 Berea Township, Durban (registered in joint names; bond outstanding R850,000 with Standard Bank, account 12345678).
Division: The Plaintiff shall transfer his 50% undivided share in the immovable property at Erf 1234 Berea Township, Durban to the Defendant, who shall accept transfer and become the sole registered owner. The Defendant shall assume sole responsibility for the outstanding bond and shall procure the release of the Plaintiff as bond co-signatory within 90 days of date of divorce. Transfer costs to be paid by the Defendant.
Movable property: Each party retains the movable property currently in their possession, including household furniture, fittings and personal effects. The Smeg fridge and Bosch washing machine purchased in 2024 are awarded to the Defendant.
Vehicles: The Plaintiff retains the 2022 Toyota Hilux (Registration ABC123GP) registered in his name. The Defendant retains the 2021 VW Polo (Registration DEF456GP) registered in her name. Each party assumes responsibility for any outstanding finance on their respective vehicle.
Bank accounts: Each party retains the bank accounts in their sole name. The joint account at FNB (account 62812345678) shall be closed within 30 days of date of divorce; the balance (approximately R45,000) shall be divided equally between the parties.
Division: The Plaintiff shall transfer his 50% undivided share in the immovable property at Erf 1234 Berea Township, Durban to the Defendant, who shall accept transfer and become the sole registered owner. The Defendant shall assume sole responsibility for the outstanding bond and shall procure the release of the Plaintiff as bond co-signatory within 90 days of date of divorce. Transfer costs to be paid by the Defendant.
Movable property: Each party retains the movable property currently in their possession, including household furniture, fittings and personal effects. The Smeg fridge and Bosch washing machine purchased in 2024 are awarded to the Defendant.
Vehicles: The Plaintiff retains the 2022 Toyota Hilux (Registration ABC123GP) registered in his name. The Defendant retains the 2021 VW Polo (Registration DEF456GP) registered in her name. Each party assumes responsibility for any outstanding finance on their respective vehicle.
Bank accounts: Each party retains the bank accounts in their sole name. The joint account at FNB (account 62812345678) shall be closed within 30 days of date of divorce; the balance (approximately R45,000) shall be divided equally between the parties.
4.
CHILD MAINTENANCE
In addition to each parent's direct contribution to the children's needs while in their care, the non-primary parent shall pay maintenance of ZAR 5 000 per month per child, payable monthly in advance into the primary parent's nominated bank account, escalating annually on the anniversary of the date of divorce by the weighted Consumer Price Index (CPI) published by Statistics South Africa. The maintenance obligation continues until each child becomes self-supporting (whichever is later — completion of tertiary education or attaining age 21), in accordance with the Maintenance Act 99 of 1998 and the Children's Act 38 of 2005. Each parent shall additionally contribute pro rata according to means to the children's reasonable medical expenses not covered by medical aid, school fees, school uniforms, books, sport / cultural activities, and tertiary education costs.
5.
SPOUSAL MAINTENANCE
The Plaintiff shall pay the Defendant rehabilitative spousal maintenance of ZAR 15 000 per month, payable monthly in advance, for a period of 60 (sixty) months from date of divorce, escalating at CPI annually. The court retains discretion under section 7(2) of the Divorce Act 70 of 1979 to vary the duration or amount based on the parties' actual circumstances.
6.
PENSION INTEREST — SECTION 7(8) PENSION ALLOCATION ORDER
In accordance with section 7(8) of the Divorce Act 70 of 1979 read with the Pension Funds Act 24 of 1956 (as amended by the Pension Funds Amendment Act 2007 and the Pension Funds Amendment Act 2024 implementing the Two-Pot system from 1 September 2024), the parties record the following Pension Allocation Order:
Fund: Old Mutual SuperFund Provident Fund (administered by Old Mutual Corporate)
Member spouse: Sipho Mthembu
Member number: OM-789456123
Portion payable to non-member spouse: 50% of the pension interest as defined in the Pension Funds Act (Savings Component + Vested Component, excluding the Retirement Component preserved under the Two-Pot system from 1 September 2024)
The court is requested to direct the Fund to make payment of the portion specified above to the non-member spouse, or to transfer it to a retirement fund of the non-member spouse's choice, in accordance with the clean-break principle. The parties acknowledge that, from 1 September 2024, "pension interest" under the Two-Pot system is limited to the Savings Component + Vested Component, excluding the Retirement Component which remains preserved for retirement. Where the Pension Funds Act conflicts with the Divorce Act on the calculation, the Pension Funds Act prevails.
Fund: Old Mutual SuperFund Provident Fund (administered by Old Mutual Corporate)
Member spouse: Sipho Mthembu
Member number: OM-789456123
Portion payable to non-member spouse: 50% of the pension interest as defined in the Pension Funds Act (Savings Component + Vested Component, excluding the Retirement Component preserved under the Two-Pot system from 1 September 2024)
The court is requested to direct the Fund to make payment of the portion specified above to the non-member spouse, or to transfer it to a retirement fund of the non-member spouse's choice, in accordance with the clean-break principle. The parties acknowledge that, from 1 September 2024, "pension interest" under the Two-Pot system is limited to the Savings Component + Vested Component, excluding the Retirement Component which remains preserved for retirement. Where the Pension Funds Act conflicts with the Divorce Act on the calculation, the Pension Funds Act prevails.
7.
RETIREMENT ANNUITIES
The Plaintiff retains his Old Mutual Retirement Annuity Fund (RA OM-RA-12345); the Defendant retains her Allan Gray Retirement Annuity Fund (RA AG-7890123). Each party shall be solely responsible for ongoing contributions and shall remove the other as beneficiary within 30 days of date of divorce.
8.
MEDICAL AID CONTINUATION
The Plaintiff shall maintain the children as dependants on his Discovery Health Medical Scheme (KeyCare Plus, member number DH-12345) until each child attains the age of 21 or completes tertiary education (whichever is later). The Defendant shall take out her own medical aid cover within 60 days of date of divorce.
9.
LIFE INSURANCE FOR MAINTENANCE SECURITY
The Plaintiff shall maintain his existing Old Mutual life insurance policy (sum insured R3,000,000) with the Defendant named as primary beneficiary for so long as the spousal and child maintenance obligations remain in force. Premiums payable by the Plaintiff. On lapse of all maintenance obligations, the Plaintiff may amend the beneficiary nomination.
10.
CO-PARENTING FRAMEWORK
Major-decisions framework: Both parents shall jointly make major decisions concerning the children's schooling (choice of school, change of school), healthcare (elective treatment, surgery, mental-health treatment), religion and overseas travel. Day-to-day decisions during a parent's contact time are made by that parent.
Holiday schedule: School holidays are divided equally between the parents: alternating Christmas/New Year (Plaintiff has Christmas 2026, Defendant has Christmas 2027, alternating thereafter); Easter alternates similarly; the June/July long holiday is divided in half; short holidays (April, September) are allocated by agreement. Each parent is entitled to two weeks' uninterrupted holiday with the children annually, subject to school terms.
Relocation: the consent of the other parent (or, failing consent, leave of the High Court) is required for any relocation of the children outside the current city or province.
This co-parenting framework is informed by the 12 best-interest factors set out in section 7 of the Children's Act 38 of 2005. The parties may register a separate Parenting Plan under section 33 of the Children's Act with the Family Advocate if further detail is required.
Holiday schedule: School holidays are divided equally between the parents: alternating Christmas/New Year (Plaintiff has Christmas 2026, Defendant has Christmas 2027, alternating thereafter); Easter alternates similarly; the June/July long holiday is divided in half; short holidays (April, September) are allocated by agreement. Each parent is entitled to two weeks' uninterrupted holiday with the children annually, subject to school terms.
Relocation: the consent of the other parent (or, failing consent, leave of the High Court) is required for any relocation of the children outside the current city or province.
This co-parenting framework is informed by the 12 best-interest factors set out in section 7 of the Children's Act 38 of 2005. The parties may register a separate Parenting Plan under section 33 of the Children's Act with the Family Advocate if further detail is required.
11.
COURT INCORPORATION AND VARIATION
The parties request the court to incorporate this Deed of Settlement into the decree of divorce as an order of court in terms of section 7(1) of the Divorce Act 70 of 1979. The maintenance provisions remain variable under section 8 of the Divorce Act and the Maintenance Act 99 of 1998 in the event of material change of circumstances. All other provisions are final and binding, subject only to such residual jurisdiction as the court may retain.
12.
FULL AND FINAL SETTLEMENT
This Deed of Settlement constitutes the full and final settlement of all claims, rights and obligations arising from the marriage between the parties, save for: (a) the maintenance provisions, which remain variable as set out above; and (b) any provision the court may make in the best interests of the minor children. Each party waives any further claim against the other arising from the marriage or its dissolution, including any claim under section 7(3) of the Divorce Act for redistribution of assets.
13.
GOVERNING LAW AND COSTS
This Deed of Settlement is governed by and construed in accordance with the laws of the Republic of South Africa. Each party bears their own legal costs.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.
PLAINTIFF
Sipho Mthembu
SA ID 7807205009088
Plaintiff
Date: ____________________
DEFENDANT
Thandi Mthembu (born Nkosi)
SA ID 8003150000087
Defendant
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Divorce Settlement Agreement?
A Divorce Settlement Agreement — known in SA legal parlance as a "Consent Paper" — is the written agreement between divorcing spouses that records ALL the consequences of the divorce: the division of the joint estate or accrual, the payment of maintenance (spousal and child), the custody / care / contact / guardianship arrangements for minor children, the pension interest division, and any other ancillary matter. Under section 7(1) of the Divorce Act 70 of 1979, the court may incorporate the consent paper into the decree of divorce as an order of court, giving each provision the legal status of a judgment enforceable by the Sheriff.
The consent paper is the primary mechanism by which SA couples resolve divorce without contested litigation. Approximately 70-80% of SA divorces proceed by consent. The agreement is drawn up by attorneys (typically each spouse has their own) and signed before the divorce hearing. At the hearing, the court reviews the consent paper for fairness — particularly with respect to children's best interests — and either incorporates it as the order or requests amendments. Once incorporated, the consent paper has the force of a court order; variation is then limited to maintenance provisions (under section 8 of the Divorce Act and the Maintenance Act 99 of 1998) and to children's arrangements (under section 28 of the Children's Act 38 of 2005, in the best interests of the children).
The biggest change to SA divorce settlements in 2024-2025 is the Two-Pot pension system effective 1 September 2024. Pension interest under section 7(8) of the Divorce Act now means only the Savings Component and the Vested Component — EXCLUDING the new Retirement Component, which holds 2/3 of contributions from 1 September 2024 and is preserved until retirement. Pre-1 September 2024 contributions sit in the Vested Component and remain accessible via PAO. The Pension Funds Amendment Act includes a trumping provision: where it conflicts with the Divorce Act, the Pension Funds Act prevails. A 2025 General Laws (Family Matters) Amendment Bill also proposes new redistribution rights for in-community and accrual marriages where one spouse made a substantial homemaker contribution.
What's Covered in This Template
Nine sections covering every consequence of divorce, plus expert-tier pension allocation, additional financial provisions and co-parenting framework.
Plaintiff + Defendant Details
Full names, SA IDs, occupations, addresses for both spouses.
Marriage Details
Marriage date, place, matrimonial property regime (in community / out with accrual / out without), separation date.
Up to 3 Minor Children
Names, dates of birth, SA IDs / birth certificate numbers — drives parental responsibilities and rights framework.
Primary Residence + Contact
Where children live primarily + contact schedule (alternate weekends / every weekend / 50/50 shared / flexible).
Asset Division
Immovable property (transfer / sale / retention), movable property, vehicles, bank accounts.
Child Maintenance
Monthly amount per child + escalation (CPI / 8% fixed / none) under the Maintenance Act 99 of 1998.
Spousal Maintenance
Rehabilitative (fixed period — SA market norm), permanent, lump sum or none.
Pension PAO + Two-Pot (Expert)
Section 7(8) Pension Allocation Order with Two-Pot system (1 September 2024) compliance — Savings + Vested Components only.
Retirement Annuities (Expert)
RAs not subject to s.7(8) but commonly addressed in division.
Medical Aid + Life Insurance (Expert)
Continuation of children on member spouse's medical aid; life insurance securing maintenance obligations.
Co-Parenting Framework (Expert)
Major decisions, holiday schedule, relocation consent + Children's Act s.7 12 best-interest factors.
Court Incorporation Clause
Express request that court incorporate under section 7(1) of the Divorce Act, with variation reserved under section 8.
How to Create a Divorce Settlement Agreement in South Africa
Five steps from discussion to a court-ready Consent Paper.
- 1
Confirm Matrimonial Property Regime
The regime drives asset division: in community = 50/50 of joint estate; out with accrual = accrual calculation; out without accrual = separate estates (with possible s.7(3) redistribution). The ANC (if any) is the controlling document.
- 2
Agree on Children's Arrangements
Primary residence, contact schedule, both-parent decision-making for major matters. Children's Act s.7 12 best-interest factors apply. Court will scrutinise children's provisions most closely.
- 3
Calculate Maintenance
Child maintenance: contribution from non-primary parent (Maintenance Act 99/1998). Spousal maintenance: rehabilitative (SA market norm) — fixed amount + period. Add CPI escalation.
- 4
Handle Pension Interest + Two-Pot
If either spouse has retirement fund interest, include a s.7(8) Pension Allocation Order (PAO) identifying fund + member + percentage. Post-1 Sept 2024 Two-Pot: pension interest = Savings + Vested only, NOT Retirement Component.
- 5
Sign + Submit to Court
Both spouses sign before two witnesses. Attorneys lodge with the divorce summons. Court reviews at hearing and (if approved) incorporates into the decree as an order. Maintenance + children remain variable; rest is final.
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Legal Considerations
A consent paper becomes a court order — get it right.
This template is for informational purposes only and does not constitute legal advice. Divorce involves complex personal, financial and child-welfare matters — consult a qualified South African family law attorney for advice specific to your situation.
Reviewed for South African law
Divorce Act 70 of 1979 — Section 7 Framework
Section 7 of the Divorce Act is the source of the court's power to make orders concerning the consequences of divorce. Section 7(1) permits incorporation of a written settlement agreement. Section 7(2) governs spousal maintenance. Section 7(3) governs redistribution of assets for out-of-community marriages (originally pre-1984 marriages; 2025 amendments expand to substantial-contribution cases). Section 7(7) governs pension fund interests. Section 7(8) authorises the Pension Allocation Order directing the fund to pay the non-member spouse directly. Section 8 reserves the court's power to vary maintenance on material change of circumstances. Section 9 authorises forfeiture of patrimonial benefits.
Pension Interest + Two-Pot System (1 September 2024)
The Pension Funds Amendment Act, effective 1 September 2024, introduced the Two-Pot retirement system. New contributions from 1 September 2024 are split: 1/3 to the Savings Component (accessible once per tax year) and 2/3 to the Retirement Component (preserved until retirement). Pre-1 September 2024 contributions sit in the Vested Component (accessible on member exit under old rules). "Pension interest" for purposes of the s.7(8) PAO has been narrowed to Savings Component + Vested Component, EXCLUDING the Retirement Component. This means a divorce after 1 September 2024 can access proportionally LESS of the member spouse's pension fund than under the pre-Two-Pot regime. Where the Pension Funds Act conflicts with the Divorce Act, the Pension Funds Act prevails by virtue of an express trumping provision in the 2024 Amendment Act.
Children's Act 38 of 2005 — Best Interest Standard
Section 7 of the Children's Act 38 of 2005 prescribes 12 factors the court must consider in determining a child's best interest: relationship with each parent; attitude of each parent; capacity of each parent; effect of change on the child; practical difficulty and expense of contact; need to remain in family; child's age, maturity, gender, stage of development; child's physical and emotional security; child's intellectual, emotional, social and cultural development; child's disability or illness; need for stable family environment; need to protect from harm. Section 18 confers parental responsibilities and rights. Section 33 permits the parties to register a separate Parenting Plan with the Family Advocate for complex arrangements. The court at the divorce hearing scrutinises the children's provisions most closely and may require amendments if the children's best interest is not adequately served.
Frequently Asked Questions
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