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Divorce is never just about emotions—it’s also about protecting your future. Whether you're initiating the process or simply weighing your options, one of the most important steps you can take is to prepare financially before you file.
Many people only realise how exposed they are once it’s too late. Bank accounts get closed. Assets get moved. Debts you didn’t agree to become your problem. And if you haven’t taken the time to understand your position before divorce proceedings begin, you may find yourself negotiating from a place of uncertainty—or disadvantage.
This guide walks you through everything you need to do to protect your finances before filing for divorce. From understanding your marital property regime to securing your own bank account, it’s the A–Z of protecting your assets, income, and long-term stability during one of life’s most difficult transitions.
Before filing for divorce, it’s crucial to understand how your marital property regime affects your rights. Learn more about the different types of marriage contracts here.
If you're unsure whether you're married in or out of community of property—and whether accrual applies—this guide on South Africa’s marriage regimes breaks it down simply and clearly.
Understanding your regime early will help you set realistic expectations, prepare your documentation properly, and avoid costly surprises later on.
Before filing for divorce, gather a complete record of your current financial situation. This step isn't just about knowing what you have—it’s about documenting it before anything can be hidden, moved, or disputed.
Create a file that includes:
If you haven’t been the one managing household finances, this is even more important. Don’t rely on memory or verbal agreements. The more detailed your records, the easier it will be to verify your claims and protect your rights during negotiations or litigation.
This documentation also helps your attorney assess what you're entitled to and ensures your spouse provides full disclosure once proceedings begin.
Once divorce becomes a possibility, shared finances often become contested territory. It's not uncommon for one spouse to restrict access to joint accounts, change passwords, or withhold important financial documents—especially if tensions rise.
To protect yourself, make sure you have access to:
Where possible, download and store copies safely—ideally in cloud storage or on a password-protected device. If you’re concerned that your access might be revoked, act quickly but discreetly.
This isn't about creating conflict—it's about ensuring that when the time comes to disclose assets and liabilities, you’re not left in the dark.
If you’re financially tied to your spouse, one of the most practical steps you can take is to open a separate bank account before you file for divorce. It’s a way to regain control over your own money and prepare for a future where your finances are no longer shared.
This is especially important if:
Once divorce proceedings begin, access to shared accounts may be limited—or shut down completely. A separate account ensures that you have a secure place to receive income, pay personal expenses, and begin budgeting for life after divorce.
Keep in mind: transferring large sums out of joint accounts without transparency can raise suspicion. Speak to an attorney about what’s appropriate in your circumstances.
If you're still sharing accounts or household expenses, it’s wise to begin tracking or limiting joint spending as soon as you start considering divorce. This helps protect your financial position and creates a clearer record of how money was used leading up to the separation.
Start by:
You don’t need to freeze normal household spending—but be alert to changes in spending behaviour. If your spouse starts withdrawing large sums, liquidating assets, or suddenly increasing debt, it may signal financial manipulation in anticipation of divorce.
Courts do consider how parties behave financially during the breakdown of the marriage—so it’s in your interest to keep things transparent, consistent, and above board.
Your financial exposure in a divorce doesn’t end with what you own—it includes what you owe. Before filing, you need to know exactly what debts are in your name, especially if you’ve signed any agreements jointly or stood surety for your spouse.
What to do:
This step is especially important if you’re married in community of property, where both spouses are jointly responsible for all debts—regardless of who incurred them.
Understanding your liabilities allows you to take action early: separate your finances where possible, plan for repayments, and ensure debts aren’t unfairly left in your name during or after the divorce.
Divorce doesn’t just divide what you have now—it affects what you’ll need later. Whether you’ve been financially independent or largely supported by your spouse, it’s vital to understand how your income, expenses, and lifestyle will change after separation.
Start with a realistic post-divorce budget:
Then compare this to your actual income. If there’s a shortfall, you may need to consider:
If you're financially dependent on your spouse, your attorney may recommend applying for interim maintenance (Rule 43)—a legal mechanism that provides financial support while the divorce is pending.
The earlier you understand your needs, the more clearly you can negotiate—or litigate—for what’s fair.
Divorce is emotional, and that emotion can cloud judgment—especially when it comes to money. It's not uncommon for people to say things like, “I don’t want anything; I just want out” or to agree to terms that feel like peacekeeping in the moment but create long-term financial hardship.
The problem is: once a divorce is final, it is difficult to back and renegotiate what you gave away.
Watch out for decisions driven by:
Giving up your share of assets or failing to claim what you're entitled to may feel like the easier road—but it can compromise your financial security, independence, and ability to rebuild after divorce.
This is why it’s essential to have a divorce attorney who isn’t emotionally involved. Someone who can help you make clear-headed decisions grounded in law—not emotion.
Assumptions are one of the most dangerous things to bring into a divorce. Some people believe they’ll get half of everything; others think they have no rights at all. In truth, your entitlements depend on your marriage contract, your contributions, and your family’s needs.
Here’s what you may be entitled to, depending on your circumstances:
You may be able to claim temporary or post-divorce maintenance if:
Maintenance is not automatic. It must be applied for and is based on need and fairness, not just duration of marriage.
Both parents are legally responsible for financially supporting their children. You can claim:
This is a legal right, not a favour, and it's enforceable through the Maintenance Court.
What you’re entitled to will depend on your marital property regime. For example:
This is where getting legal advice becomes critical. An attorney can explain your rights, identify what’s fair in your case, and help you enforce your claims confidently.
It’s easy to think that legal advice is something you get after you’ve filed for divorce. But in reality, the smartest financial decisions are often made before the paperwork begins.
A family law attorney can help you:
Many people, especially financially vulnerable spouses, wait too long to seek help. By then, documents may be missing, money may be moved, and critical decisions may already be made.
Early legal guidance is not about starting a fight—it’s about protecting your rights and ensuring you have the support and structure to move forward with confidence.
Van Deventer and Van Deventer Inc. offers discreet, strategic legal guidance before, during, and after divorce. Whether you’re concerned about your assets, your children, or your future financial security, we help you take control—before you file.
Contact us for a confidential consultation. The best time to protect yourself is now.
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