Property and divorce orders

02 October 2023 ,  Gerda Janse van Rensburg 165

The drafting of a proper executable settlement agreement in a divorce has truly become a specialized field.

It is regrettable to see how the in-executable settlement agreements, drafted by clients themselves, become the source of wasted costs. 

To use your settlement agreement in the Deeds office the following must be addressed:

  • A full property description – The street address alone will not suffice.
  • Full descriptions of the parties, including full birth names and identity numbers.
  • Exactly what should happen with the property, and this must be executable in the deeds office.  
  • What is the arrangements between the parties and the bank in regards to the bond and sureties given to get the loan when they initially bought the property.
  • The time frame of when the property should be transferred or sold and who must pay the transfer costs.
  • Other outstanding costs on the property? I.e. municipal clearance, cancellation of the bond and the issuing of the new electrical compliance certificate?

When you have a more complicated estate the best route is to appoint a reputable divorce lawyer, who will have your best interests at heart.

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