family law south africa

Last time we looked at the Divorce process.

Today; we give you a short blog to finalise this series of blogs on divorce.

As pointed out by one of our readers during the course of this week; “Divorce is not for sissies.”

It is tough; especially on women and their children. They join the ranks of single parents; and often struggle financially and battle endlessly with their ex-husbands over finances, maintenance and other related issues.

It is for this reason that we advise our clients to make sure of their decision to divorce. Attempt to settle it amicably; and make sure that your future is as secure as possible in terms of the settlement. Get professionals to assist you through the whole process. It will affect the rest of your lives; and your children’s, at least, until they are adults. Do not just settle; for settlement's sake. Your future is at stake!

Make sure the Settlement Agreement/Consent Paper covers, at least, the following issues.

  1. Custody and care of the children. Reasonable access for you ex. When, specifically, he has access etc.
  2. Maintenance for the children until they are 18 or self- supporting. If they are to do tertiary education; maintenance should cover them until they finish studying. Costs of clothing, extra mural activities and also primary, secondary and tertiary education for the children.
  3. Division or sharing of all assets. This includes pension scheme contributions at the date of the divorce and also all other investments, shares and savings.
  4. Maintenance for you if you qualify. If you have looked after the household, while your spouse earned the bacon; and been married for a long time (10 years or more); you are probably entitled to maintenance for yourself.
  5. You should build in escalation clauses annually for the increase of maintenance and other contributions.
  6. Medical Aid contributions.

Obviously the contents and terms of a Consent Paper will depend on your own personal circumstances and those of your spouse at the time of the Divorce Order.

If you have a query regarding a divorce or wish to institute divorce proceedings please send us an email for our legal advice quote or for a legal services quote.

Please visit our website at or send us an email to This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. and we will revert to you within 48 hours.

Should you wish to comment on this or any other legal topic; please also just send us an e-mail; and we will respond as set out above.

Thank you.

The Legal Advice Office Team.


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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (0) 82 093 2304