Separation Agreement In South Africa


The worker then appealed the case to the LABOUR Appeal Court, which ruled that the separation agreement should be treated in the same legal way as any other agreement between an employer and an employee. The terms of these agreements are negotiated between the company and the worker. As soon as the negotiations are completed and the agreement has been signed, the agreement will enter into force. Our labour law specialists help employers establish reciprocal, fair, binding and legally secure separation agreements. We also support staff members who have been equipped with an MSA, in an advisory capacity, to ensure that their interests are taken care of in the final signed MSA. Divorce is the legal dissolution or termination of a marriage, while a separation without legal breakdown does not end the marriage, but allows the spouses to live separately while remaining married. In other words, separation means that individuals are still married in the eyes of the law. This act of separation provides for detailed disclosure, but we do not try to anticipate every asset you have. You have to be very careful in your disclosure.

Lawyers can be good negotiators and give good advice on claims, but there is nothing in a separation agreement that requires legal knowledge or a lawyer. This document is similar to that of a lawyer after a few meetings for you. If you don`t want a lawyer for another reason, you can save time and money by filling out this document yourself, instead of asking him to do it for you at a high hourly cost. In Gbenga-Oluwatoye v Reckitt Benckiser South Africa (Pty) Limited and Another (2016) 37 ILJ 2723 (CC), the Constitutional Court (“the CC”) examined the validity of a mutual separation agreement and reconstirmed that such agreements are legal, even if they waive a worker`s right to apply to the Conciliation, Mediation and Arbitration Commission (CCMA) and the courts. 3. If their religious beliefs conflict with the idea of divorce, couples can live separately while keeping their marital status for religious beliefs.. . . .

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