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A marital separation agreement does not have to be filed in court to be legally binding on the husband and wife. The agreement is basically like a contract between two people. As long as the husband and wife are legally able to enter into a contract, they can make a marital separation agreement.
Legal separation does not exist in South Africa even if you are no longer living with your husband and not divorced. According to the law, you are still married. You can divorce in either the Regional Court of the Magistrate Court having jurisdiction in your area or in the High Court.
Write in plain English. There are no legal magical words. Be clear and unambiguous. Along the same lines, you also want to make sure that your agreement makes logical sense. Draft an agreement that can grow with you. Include a provision for omitted property. Be creative.
Engage the services of a lawyer. For the Lawyer: Prepare the petition and file the case in court. For the Clerk of Court: Raffle the case and issue the summons. Attend the pre-trial proceedings. Go through the actual trial. Wait for the judgment.
Treat your co-parent as you would treat a business partner. Be courteous. Don't make any significant changes. Discuss the various options for pathways to an amicable divorce. Choose your Family Mediator and/or Lawyer. See a Counselor and/or Doctor. Wait to start a new relationship.
Engage the services of a lawyer. For the Lawyer: Prepare the petition and file the case in court. For the Clerk of Court: Raffle the case and issue the summons. Attend the pre-trial proceedings. Go through the actual trial. Wait for the judgment.
The key to determining the date of separation is the date the parties ceased cohabitation and at least one of the parties intended to end the marriage. The date of the parties' separation marks the end of the marriage and it is one of the most important dates in the divorce process.
Filing Fee (Under PhP10,000.00, if no properties are involved; higher, if there are properties involved); Legal Fees (Acceptance Fee, Pleading Fees, Appearance Fees);
1Write in plain English. There are no legal magical words.2Be clear and unambiguous. Along the same lines, you also want to make sure that your agreement makes logical sense.3Draft an agreement that can grow with you.4Include a provision for omitted property.5Be creative.