20/09/2026
⚖️ **THINKING ABOUT DIVORCE? DO NOT MAKE THESE 5 MISTAKES**
Divorce is emotional. But decisions made in anger, panic or frustration can have consequences long after the marriage has ended.
If you are considering divorce in South Africa, here are **5 things you should NOT do**:
**1. Do not start hiding, transferring or selling assets**
Moving money, giving assets to family members or selling property because you believe you need to “protect it” can create serious problems.
Your rights depend on your matrimonial property regime and the circumstances of your marriage. If you are married in community of property, certain transactions involving the joint estate may require your spouse's consent.
Know your legal position before moving assets.
**2. Do not use the children as leverage**
A divorce is between the spouses. Your children should not become bargaining tools.
Do not threaten to prevent contact simply because you are angry with the other parent.
In South African law, the **best interests of the child are paramount** when decisions affecting children are made.
Where there is already a court order or qualifying parental responsibilities and rights agreement regulating contact, deliberately preventing contact contrary to it can have serious legal consequences.
**3. Do not stop supporting your children because you are fighting about contact**
Child maintenance and contact are not the same issue.
Both parents have a duty to support their children according to their respective means and the reasonable needs of the children.
A dispute about when you see your child does not simply cancel the obligation to contribute towards that child's maintenance.
**4. Do not sign a settlement agreement simply because you want the divorce finished**
Read it. Understand it. Get advice before you sign it.
A divorce settlement can deal with important issues such as:
• division of assets
• maintenance
• pension or retirement interests
• care and contact arrangements
• children's expenses
• debts and liabilities
Once an agreement becomes part of the divorce order, changing it may not be simple.
**5. Do not assume that divorce automatically means “everything gets divided 50/50”**
South African divorce law does not work on one rule for every marriage.
The financial consequences can depend on factors including whether you are married:
• in community of property;
• out of community of property with accrual; or
• out of community of property without accrual.
Your antenuptial contract, date of marriage, assets, liabilities and the claims actually available in your circumstances can all matter.
đź“Ś **The better approach?**
Before making major decisions, find out exactly what your rights, obligations and options are.
You do not need to start a war to start a divorce.
You need a strategy.
083 554 8776
www.pauwattorneys.co.za
Divorce and Family Law Attorneys
Port Elizabeth | Gqeberha
