Written by: Dionne Jackson
Date: 18 June 2025
How Does Your Marriage Contract Affect Your Assets?
Divorce isn’t just the start of a personal turning point; it’s the start of a financial turning point as well. Whether you are just thinking of a possible separation or are well prepared to take the first step, it is of the utmost importance to secure your financial future.
At Burger Huyser Attorneys, we are well aware that the legal process in a divorce is only a small part of the journey – prior to court dates and settlement negotiations, there is important groundwork to do, so the earlier you act, we promise, the better your position, emotionally as well as financially.
Before you delve into divorce proceedings, obtain a full picture of the contract that governs your marriage. Were you married in community of property, out of community with accrual, or without the accrual? Should you be unsure of your marriage regime, check your antenuptial contract to make sure, as each regime comes with distinct consequences. For example:
- In a community of property? Everything is shared, assets and debts alike
- Out of community without accrual? What’s yours stays yours
- Out of community with accrual? You may be entitled to share in the growth of the estate, as well as the possibility of an accrual claim
Should I Take Inventory Of My Finances Before Getting A Divorce?
You cannot protect what you have not documented. Thus, we advise that you take stock of and document everything prior to initiating divorce proceedings by gathering copies of the following:
- Personal and joint bank statements
- Retirement annuity and investment summaries
- Home loan or lease documents
- Vehicle financing and ownership papers
- Credit card balances and personal loans
- SARS tax returns
- Any business ownership or partnership agreements
Even if your spouse handled all of the financials during the course of the marriage, there is no time like the present to take charge of your own finances. There is nothing as unwelcome as a mysterious loan or missing asset halfway through divorce proceedings.
Do I Need Copies Of Shared Financial Records During A Divorce?
What would you guess are the first things to disappear in a high-conflict divorce? The answer to that question would be access to financial information! Banking passwords get changed, joint accounts get frozen, and documents go ‘missing’.
It would be in your best interest to secure copies of the following before they go missing:
- Joint account statements
- Bond or mortgage agreements
- Life insurance and medical aid policies
- Business financials
- Tax submissions and letters from SARS
- Loan or credit agreements where both spouses are listed
Save all of this information securely, whether it is in encrypted cloud storage or on a password-protected device. We guarantee you that this is not paranoia; it is preparation for a possible battle.
Should I Open A Bank Account In My Own Name Before Applying For A Divorce?
Does your income still get paid into a shared account – or worse, do you not have your own banking account at all? This is the time to change that as fast as you possibly can. Opening a separate account helps you:
- Receive your salary privately
- Cover day-to-day expenses independently
- Build your own financial identity post-divorce
It is, however, vital that you remain cautious not to make dramatic transfers from the joint account into your private account without legal guidance, as this could appear suspicious and possibly be used against you in proceedings.
How Should I Monitor Shared Spending During My Divorce Proceedings?
Should you and your spouse still share financial obligations, it is of the utmost importance that you keep an eye on how the joint money is used. This is how you track shared spending:
- Track large or unusual purchases
- Save receipts and screenshots
- Avoid new joint credit or loans
- Don’t ignore financial “red flags” like sudden withdrawals or sales of assets
How you both handle money during this period may influence how the court views fairness later on. Keep things transparent and above board.
Should I Request A Credit Check Before Getting A Divorce?
The assets that you and your partner own are only half of the puzzle. What you owe jointly matters just as much. Request your credit report from major bureaus and look for:
- Joint debt (credit cards, personal loans)
- Accounts where you’re listed as a co-signer
- Debts your spouse may have incurred that could reflect on you
This is especially important for couples married in community of property. You could be liable for your spouse’s decisions, good or bad, and even ones you didn’t know about (scary, right?).
How Do I Know If I Can Afford A Divorce?
Finances change drastically after separation. Question is: will you still be able to manage your rent, transport, groceries, and insurance premiums? Attempt to build a realistic post-divorce budget, compare it against your current income and assess the gap. If needed, consider:
- Spousal maintenance (temporary or ongoing)
- Child maintenance
- Interim support (through legal mechanisms like Rule 43)
- Lifestyle adjustments or additional income streams
Planning now will protect you from shortfalls later and place you in a stronger position when negotiating your divorce terms.
How Do I Make Sure I Get My Fair Share During A Divorce?
We understand that divorce is emotional. We urge you not to make permanent financial sacrifices for the sake of temporary peace. Be wary of:
- Giving up your share “just to be done with it”
- Accepting a low offer to avoid conflict
- Not fighting for maintenance you’re legally entitled to
Once a divorce is finalised, reversing bad decisions is incredibly difficult. Let your attorney take the emotional burden off your shoulders and advocate for what’s fair and sustainable.
What Are Spouses Entitled to Post-Divorce?
Forget the myths. You won’t automatically walk away with “half”, nor are you guaranteed maintenance. Your entitlements depend on:
- The terms of your marriage contract
- Your personal and financial contributions
- The specific needs of your children
Here’s what may apply:
- Spousal Maintenance: For those who cannot support themselves post-divorce.
- Child Maintenance: A non-negotiable legal duty shared between both parents.
- Asset Division: Based on your marriage regime (equal split, accrual, or claims under special provisions).
The only way to know for sure? Speak to a lawyer who understands how to translate your unique circumstances into enforceable rights.
When Should I Speak To A Divorce Attorney If I Am Considering Filing For Divorce?
It’s essential that you speak to a divorce attorney before filing for divorce, as the biggest mistakes happen before you’ve even seen a courtroom. Consulting a divorce attorney early allows you to:
- Understand your legal and financial position
- Collect crucial evidence and documentation
- Anticipate challenges and liabilities
- Strategically prepare your case for either settlement or court
Many financially vulnerable spouses wait too long to consult with a divorce attorney, then pay the price in the long run. Legal advice isn’t about starting a war; it’s about setting yourself up for a stable and empowered future.
It is essential to prepare before you institute your divorce proceedings.issuefile. Don’t wait for conflict to dictate your decisions.
At Burger Huyser Attorneys, we believe every client deserves clarity, control, and confidence when navigating divorce. We don’t just fight for you; we guide you through every step, helping you avoid hidden traps and protecting what matters most: your future.
Reach out to us before the paperwork begins. It’s not just legal advice; it’s peace of mind.
Whether you are contemplating divorce or have already started the process, don’t wait until it’s too late to get legal advice. Contact Burger Huyser Attorneys today — because safeguarding your future starts long before your divorce decree is signed.
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358; Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223
