A divorce settlement agreement is more than a list of who gets what. It's a legal document that defines your responsibilities, financial commitments, and rights for years to come.

While most people remember to include obvious items like property division and maintenance, it's often the overlooked details that lead to conflict later on.

This article outlines exactly what should be included in your divorce settlement agreement—with a focus on the forgotten clauses that can impact your finances, co-parenting, and day-to-day life after separation.

What Is a Divorce Settlement Agreement?

A divorce settlement agreement is a legally binding document that outlines the terms of your divorce. Once made an order of court, it becomes enforceable—meaning both parties are required to follow its terms.

It’s usually signed once the major decisions have been made around:

• Property division
• Parental responsibilities and rights
• Child and/or spousal maintenance
• Debt and financial obligations

In South African law, a well-drafted agreement offers clarity and finality. It protects both parties by avoiding future disputes about who owes what or who’s responsible for specific commitments. That’s why what goes into this agreement matters—because if it’s not written down, it’s not enforceable.

Core Inclusions (The Basics Everyone Knows About)

Most people entering divorce proceedings expect certain core elements to be covered in their settlement. These form the foundation of the agreement and are almost always included:

• Division of immovable property
• Division of movable property
• Child custody and access
• Child Maintenance
• Spousal Maintenance
• Debt responsibility

These are standard—but a complete settlement agreement goes beyond the obvious.

What Most People Forget to Include

Who Pays for What After Divorce

When a marriage ends, shared expenses don’t disappear. School fees, insurance premiums, and transport costs still exist—but who pays for what can quickly become a source of confusion or resentment if not clearly outlined.

Be specific about:

• School-related expenses: uniforms, books, extra-murals
• Medical aid contributions and out-of-pocket expenses
• Life insurance premiums and beneficiaries
• Shared costs for transport, therapy, or tutors

Hidden or Overlooked Assets

Commonly missed items include:

• Retirement annuities and pensions
• Trust interests
• Intellectual property, brand assets
• Cryptocurrency and offshore accounts
• Loyalty points, air miles, and rewards

Each of these items has value and should be disclosed, valued, and allocated.

Tax Implications and Liabilities

• Capital gains tax (CGT) on transfers
• Transfer duty or VAT on property
• Tax on retirement fund withdrawals
• Outstanding SARS tax debts

Agreements should clearly state tax responsibilities to avoid surprises.

Transfer Timelines

What to address:

• Vacating or transferring residence
• Selling shared assets
• Paying bond cancellation/transfer fees
• What happens if deadlines are missed

Dispute Resolution Clauses

Include:

• Mediation before litigation
• Arbitration terms if needed
• Responsibility for legal costs in non-compliance
• Mechanisms for court enforcement

Parenting Plan Specifics

• Holiday schedules, travel permissions
• Decision-making for education and health
• Communication expectations between parents
• Plans for relocation

Future Life Events

• Remarriage or cohabitation implications
• Income changes and automatic reviews
• University and tertiary education funding
• Emergencies and large medical expenses

Why You Should Never Use a Template Alone

There are countless divorce agreement templates available online—but most of them are either overly simplified or not aligned with South African law.

Templates often miss key issues, create unenforceable clauses, and overlook nuances in family structure, assets, or obligations.

Even if your divorce is amicable, a templated agreement can lead to serious complications down the line.

Additional Legal Considerations

When drafting or reviewing a settlement agreement, it's also helpful to think ahead about enforcement. It's not just about getting your spouse to agree—it's about having the tools to hold them accountable if they don’t follow through.

For instance, if one spouse fails to pay maintenance or delays in transferring property, having explicit clauses in the agreement can significantly speed up court enforcement. It also shows the court that both parties agreed in good faith and knew their obligations.

You should also consider the role of inflation and time in long-term maintenance or child support clauses. Including provisions for annual adjustments tied to the Consumer Price Index (CPI) can help prevent future arguments and ensure the values remain fair.

Additionally, agreements that reference external documents—like a separate parenting plan or asset register—must ensure these are properly signed, dated, and attached. If they're not clearly linked, they may be dismissed in legal proceedings.

Finally, always revisit your will and estate planning documents after signing your divorce settlement. Divorce can alter your beneficiaries, responsibilities, and intentions. You may need to appoint new guardians, update life insurance policies, or change who inherits what.

Taking these extra legal steps after finalising your settlement ensures that the agreement is not just complete but also integrated into the rest of your legal and financial life. It gives you the peace of mind to start again—properly protected and legally prepared.

The Role of Divorce Attorneys in Settlement Agreements

A divorce settlement agreement is one of the most important legal documents you’ll ever sign. It affects your finances, your parenting rights, and your future.

An experienced divorce attorney can:

• Identify missing or undervalued assets
• Ensure enforceability under South African law
• Draft specific, tailored provisions
• Plan around taxes and compliance risks
• Represent your interests clearly and assertively

Van Deventer and Van Deventer Inc. - Divorce Attorneys

A divorce settlement agreement isn’t just about dividing assets—it’s about protecting your interests in the years ahead.

Most common mistakes aren’t due to bad intent—they happen because people forget to include the things that matter once everyday life resumes.

With legal guidance, careful planning, and a strong agreement, you can leave your marriage with certainty, not confusion.

Van Deventer and Van Deventer Inc. guides clients through every stage of settlement—negotiated or contested—with clarity, discretion, and precision.

Contact our divorce attorneys for expert legal advice.