The Checklist of Divorce
Legally, financially, and emotionally- Divorce is complicated. It is best to be prepared for all the in’s and out’s of divorce so we have created a checklist for you to discuss with one of our attorneys when you are ready to initiate the divorce process.
The legal process and division of marital property can be one of the most difficult aspects of divorce. Luckily, our divorce attorneys can help alleviate some of your legal and financial stresses by advocating for a division of property that works in your favor.
You can help save time & money by gathering the important legal and financial documents before meeting with our attorneys. Doing this ahead of time gives our attorney’s an immediate and useful overview of the property and assets likely to be at issue in your case. Most importantly, it allows us to work together to secure your short and long-term interests. The checklists below will give you an idea of what topics and documents may come up in discussion during your divorce consultation.
THE DIVORCE CHECKLIST
ISSUES RELATING TO CHILDREN
- Child maintenance
- Parental rights and responsibilities regarding child(ren)
- Care, Guardianship and primary residence
- Contact rights iro child(ren)
- Grandparent visitation
- Visitation with stepchildren
- Medical aid for children
- Health care costs of child(ren) in absence of medical aid
- Primary, Secondary and Tertiary Education of child(ren)
- Beneficiaries of life insurance policies
PROPERTY ISSUES
- Value of assets
- Other real property
- Home furnishings
- Business assets
- Professional practices
- Professional degrees
- Retirement benefits / Pension fund benefits
- Motor vehicles
- Recreational vehicles
- Personal property
- Savings accounts
- Stocks, bonds, and funds
- Hidden assets
- Liabilities
SPOUSAL MAINTENANCE
- Entitlement to support
- How much?
- How long?
- Continued health care coverage
OTHER ISSUES
- Domestic violence
- Order for protection
- Child abuse
- Parental kidnapping
- Restoration of maiden name
- Attorney’s fees and expenses
DOCUMENTS TO HAVE READY
- Individual and business income tax returns for the past three to five years
- Proof of your current income
- Proof of your spouse’s current income
- Antenuptial agreement
- Bank statements
- Pension fund / Annuity / Retirement fund details
- Trusts
- Stock portfolios
- Stock options
- Mortgages
- Property tax statements
- Credit card statements
- Loan documents
- Utility bills
- Other bills (e.g. school tuition, medical bills, activities for children, etc.)
- Monthly budget worksheet
- Completed financial statements
- Employment contracts
- Benefits statements
- Life insurance policies
- Health insurance policies
- Homeowner’s insurance policies
- Automobile insurance policies
- Personal property appraisals
- Real property appraisals
- List of personal property (including home furnishings, jewelry, artwork, computers, home office equipment, clothing and furs, etc.)
- List of property owned by each spouse prior to marriage
- List of property acquired by each spouse individually by gift or inheritance during the marriage
- List of contents of safety deposit boxes
- Wills
- Living wills
- Powers of attorney
As you can see, the above list is rather comprehensive– yet, it is not exhaustive. Every divorce is different since every couple enters and leaves a marriage under different circumstances and with different assets. Therefore, to ensure no property is overlooked, it is always a good idea to have an open and frank conversation with us as your Attorney regarding all of the property and assets relevant to your matter.
The legal issues involved in a divorce are numerous and complex. For more information on marital property division, or any other aspect of divorce don’t hesitate to contact us at our offices to arrange a consultation. We are Divorce attorneys based in Ballito on the North Coast of KZN and we are ready to assist you with your legal matters
