Does Moving Before Divorced Affect the Divorce Process?

The decision to move out of the marital home before a divorce can raise many questions about its legal and practical implications. Whether it’s due to personal safety concerns, emotional stress, or simply the desire for space, moving out can affect the dynamics of a divorce in South Africa. At Burger Huyser Attorneys, we aim to help you navigate these situations with clarity and confidence.

Below, we address common concerns about moving out before a divorce and how it may impact the proceedings.

In South Africa, moving out of the marital home does not automatically disadvantage a spouse during divorce proceedings. However, it is essential to understand how this decision could influence various aspects of the divorce process, including:

  • Custody of Children: If children are involved, the court considers the best interests of the child when determining custody and living arrangements. Moving out could potentially impact your claim for primary custody, especially if the children remain with the other parent.
  • Division of Property: The division of assets is determined by the marital property regime (e.g., in community of property, out of community of property with or without accrual). Moving out does not mean forfeiting your share of the marital property.
  • Maintenance Claims: Leaving the marital home does not absolve either party of their financial responsibilities. If you are the dependent spouse, you can still claim maintenance, even if you’ve moved out.

Can a Wife Move Out Before the Divorce?

Yes, a wife can move out of the marital home before the divorce is finalized. However, it is important to carefully consider the following:

  • Safety Concerns: If the marital home is unsafe due to abuse or conflict, moving out may be necessary. In such cases, seek legal protection, such as a protection order, to ensure your safety.
  • Communication: If possible, discuss your decision to move out with your spouse to avoid unnecessary conflict. If communication is not feasible, consult an attorney to ensure your rights are protected.
  • Documentation: Keep records of your reasons for moving out, including evidence of abuse or conflict if applicable. This can be useful if disputes arise during the divorce process.

Legal Implications of Moving Out Pre Divorce

While moving out is a personal decision, it may have legal implications depending on the circumstances:

  • Desertion: Moving out without justifiable cause could be interpreted as desertion, which might be used as evidence of marital breakdown. However, this is less common in modern divorce proceedings, as the focus is typically on irretrievable breakdown rather than fault.
  • Access to Assets: Ensure you have access to essential financial resources before moving out. Leaving the marital home should not limit your ability to secure your share of the assets.
  • Impact on Litigation: In some cases, moving out might lead to assumptions about financial stability or custody preferences. Working with an attorney can help you navigate these challenges effectively.

Steps to Take Before Moving Out

If you’re considering moving out before a divorce, take these steps to protect yourself:

  • Consult an Attorney: Seek legal advice to understand your rights and obligations before making a decision.
  • Secure Important Documents: Gather financial records, identification documents, and any evidence that may be relevant to the divorce proceedings.
  • Plan Your Living Arrangements: Ensure you have a safe and stable place to live, especially if children will be moving with you.
  • Consider Mediation: If possible, use mediation to address issues such as temporary custody, support, and access to the marital home while the divorce is ongoing.

Seeking Legal Support For Your Divorce

At Burger Huyser Attorneys, we understand that moving out of the marital home before a divorce is a deeply personal and sometimes necessary decision. Our experienced family law attorneys are here to provide you with expert guidance, ensuring that your rights and interests are protected throughout the divorce process.

Whether you are considering moving out or have already done so, contact us today for a confidential consultation. Let us help you make informed decisions and navigate this challenging time with confidence.

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

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE