Divorce Process & Divorce Checklist

Wanting a divorce is not always an easy decision to come to. There are also many circumstances that can create a difficult situation when wanting to get divorced. Therefore if you want to get divorced, it is advisable that you start preparing for the divorce process. One of the ways that you can start preparing is by gathering/collecting various documents which will prove to be important during the divorce process. Here is a checklist of various documents you can start putting together before consulting a legal representative.

Proof of marital regime

Your marital regime dictates what should happen to your assets and liabilities. Therefore it is important to have your marriage certificate which indicates which marital regime is applicable. If you are married out of community of property, it is important to have the ante-nuptial contract as well. Often when parties cannot settle a divorce, a court will first look to your marital regime when deciding what should happen with the assets and liabilities.

Proof of earnings/income

Proof of earnings is vital to the divorce process when there are minor children involved and maintenance is an issue. Another circumstance in which proof of earnings is important is if one party requires spousal maintenance.

The best way of proving earnings is a payslip. However, if you are not able to get your hands on one, you can always make use of a bank statement reflecting the payments. It is good to have at least 3 months bank statements. Remember, if you or your spouse has more than one source of income, you need to provide proof thereof. Don’t forget, if you or your spouse has an investment/trust fund or policy that pays out yearly/quarterly etc., this is also seen as a form of income and you will want to disclose this information too.

Proof of expenditure

As important as it is to know what each spouse earns, it is just as important to know what each spouse spends. Expenditure would include all debt incurred as well as monthly living expenses.

A good way to display all this information would be to create a spread sheet reflecting all the information at hand. Examples of monthly living expenses would be groceries, toiletries, electricity, internet, cell phone, DSTV etc. Debts can include, but are not limited to the following; mortgage bonds, vehicle financing, accounts with various credit providers and any other loans such as personal loans etc.

Proof of assets owned

Each spouse can own various assets or they can own it together. Not only is it important to know what assets are owned, it is also important to know who owns these assets. Make use of a spread sheet in which you list the assets and who it belongs.

There are various types of assets. Some of the important assets are; immovable property (your house/flat and/or holiday house/flat, movable property (motor vehicles, furniture, boats and/or various other assets), shares, pensions, investments and policies.

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If you want to get a divorce and you do not have all this information or the full information/details, do not worry. Not having all this information does not mean you can’t begin the divorce process. During the divorce process each party will need to discover and this involves disclosing all the information discussed above. If a party does not disclose all the information during discovery, you can then approach the court for assistance. However, having all this information before beginning the divorce process can assist in trying to finalise the divorce speedily and efficiently.

You can never be fully prepared for divorce, however, having information about the divorce process can save time, money and unnessecary heartache. Contact our divorce lawyers for expert legal assistance with all matters relating to divorce and family law.