IN THE REGIONAL COURT FOR THE REGIONAL DIVISION OF NORTH WEST HELD AT POTCHEFSTROOM
CASE NUMBER: 12345/11
In the matter between:
JOHN WAYNE SMITH PLAINTIFF
JANE MARY SMITH (born ROY) DEFENDANT
DEED OF SETTLEMENT
The Plaintiff and the defendant (“the Parties”) hereby agree that in the event of the Honourable Court granting a Decree of Divorce, that the following conditions, with the leave of the Court, be made an order of Court.
1. CARE AND RESIDENCE OF MINOR CHILDREN
1.1 It is agreed both parties will have full parental responsibilities and rights with regard to their minor children, as specified in Section 18(2) of the Children’s Act 38 of 2005.
1.2 The primary residence and care of the minor children be awarded to the Defendant.
1.3 That specific parental responsibilities and rights with regard to contact with the minor children, as contemplated in Section 18(2)(b) of the Children’s Act 38 of 2005 be awarded to the Plaintiff in the following manner:
1.4 The Plaintiff is entitled to contact the minor children at all reasonable times.
1.5 The Plaintiff shall be entitled to take their children for:
1.5.1 alternative weekends starting on a Friday after school and ending on a Sunday afternoon at 18h00;
1.5.2 alternative school holidays, including alternative December holidays. The parties have the right to share the school holidays by agreeing thereto in writing.
1.6 the parental responsibilities and rights with regard to the guardianship of the minor children as contemplated in Section 18(2)(iii) and 18(3) of the Children’s Act 38 of 2005 be awarded to the parties jointly.
2.1 The Plaintiff shall pay R 2 000.00 (TWO THOUSAND RAND) per month maintenance per child for the two minor children as from the end of the month that the divorce is granted and thereafter on / before the end of each following month.
2.2 The Plaintiff shall:
2.2.1 Ensure as far as possible and subject to the rules of that medical aid society that the minor children are members of the medical aid society of which he is a member at any time and undertakes to pay all subscriptions in respect of such membership.
2.2.2 Be liable for all reasonable medical and dental expenses incurred for and in connection with the minor children as recommended by a medical practitioner which are not paid by the medical aid society referred to above. Without limiting the generality of the foregoing, such expenses shall include prescribed pharmaceutical, ophthalmic, orthodontic, surgical, hospitalisation, medical, dental and related expenses. Any liabilities incurred on behalf of the minor children in respect of such expenses shall be incurred in the Plaintiff’s name and the Defendant shall submit statements of account to him as soon as is reasonably possible to enable the Plaintiff in turn to submit the same to any medical aid society of which he may be a member from time to time.
2.2.3 Shall be liable for the payment of the reasonable cost of all school uniforms and shoes, sporting requirements and equipment and books required by the minor children.
2.2.4. Shall pay all the costs at Government and/or private primary and secondary schools as well as the costs of school clothing, PTA fees, school books, stationery, school loans and levies in respect of such Government and/or private primary and secondary schools.
2.2.5. Shall pay all the costs of all tertiary education for the minor children whether at a technical training college or university including the cost of such tuition, residence fees and books.
2.3 The Plaintiff shall retain the Defendant on his Medical Aid and if not possible, will pay the premium for the Defendant to be a member of a registered Medical Aid Scheme, with similar benefits as those that she currently enjoys.
2.4 The Plaintiff shall pay maintenance for the Defendant in the amount of R 6 000.00 (SIX THOUSAND RAND) per month from the end of the month the divorce is granted and therefore on / before the end of each following month.
2.5 The duty of the Plaintiff to maintain the children will lapse when the particular child becomes self-supporting.
2.6 The duty of the Plaintiff to maintain the Defendant shall lapse if and when the Defendant enters into a written domestic partnership agreement of a romantic nature, in terms of which she lives together with another person, and / or re-marries and / or becomes self-supporting and / or deceased.
2.7 It is hereby recorded that this agreement, in so far it relates to the maintenance for the two minor children and the Defendant is preliminary and that the maintenance dispute is referred to the maintenance court for adjudication.
2.8 The Plaintiff must pay the maintenance into Defendant’s bank account Nr…………………………………………………
3. PENSION FUND
3.1 The Plaintiff is a member of the XYZ Pension Fund of African Explosives Limited.
3.2 In terms of Section 7(8) of the Divorce Act 70 of 1979, the Defendant is entitled to a Court Order authorizing the Plaintiff’s abovementioned Pension Fund to endorse the records of that fund that half of the pension-interest of the Plaintiff being 50% (fifty percent) as a date of divorce is payable to the Defendant (the Defendant being liable for any income tax on her portion) within 60 (sixty) days after the said fund is furnished with a copy of the Court’s order and written notification by the Defendant that she elects to receive a cash benefit or to have the benefit transferred to another pension fund. The parties hereby agree and accordingly with respect, request the following Court order:
3.2.1 The Court hereby orders that 50% (fifty percent) of the Defendant’s Pension interest in the XYZ Pension Fund of African Explosives Limited, as at date of divorce, be paid to the Defendant (the Defendant being liable for income tax on her portion), calculated as at date of divorce, payable within 60 (sixty) days after receiving written notification of this order and a notification from Defendant, whether she elects to receive payment or to have the benefit transferred to another pension fund.
The Defendant will be entitled as at date of divorce to a 50% (fifty percent) share in both the Plaintiff’s Momentum Annuity number 8261176173 and Old Mutual investment policy number 998972801 or a 50% (fifty percent) share of the cash value thereof.
5. JOINT ESTATE
The Defendant shall retain the Nissan X-Trail, the Venter trailer and the furniture and appliances in the joint home as her exclusive property.
The Plaintiff will retain the Toyota LDV, 2 home built trailers, the compressor and all the tools, equipment and machinery at the joint home as his exclusive property.
The Plaintiff shall be liable for the outstanding balances due to on the Toyota LDV, his personal loan at Standard Bank and the monthly interest on the study loan for their child Celeste due to Standard Bank.
Each party shall be personally liable for any other debt that such party incurred in his / her own name. The parties hereby indemnify each other against claims by third parties contrary to this clause.
6. LEGAL COSTS
Each party is liable for his / her own legal costs.
7. FULL AND FINAL SETTLEMENT
This agreement is in full and final settlement and no parties will have any further claims against each other of whatsoever nature except as stated herein.
THUS DONE AND SIGNED AT POTCHEFSTROOM ON THIS _____ DAY OF OCTOBER 2011.
THUS DONE AND SIGNED AT POTCHEFSTROOM ON THIS _____ DAY OF OCTOBER 2011.