Maintenance & Financial Disclosure Toolkit — NFCS Tools Library

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Tools Library — Tool 05

Maintenance &
Financial
Disclosure
Toolkit.

Stop guessing what he can afford. Start proving what you are owed. This toolkit gives you the language, the templates, and the strategy.

Important

This toolkit is for general guidance only — not legal advice. Laws and court rules vary by country and region. Adapt for your jurisdiction and consult a qualified attorney before filing. Use all templates as a starting point — not a final document.

The Reality

He was counting on you not knowing.

No payslip. "The business isn't doing well." "I'm between contracts." Meanwhile — business class flights, a new vehicle, private school fees for his new family, holidays you see on social media.

The most common financial manipulation in divorce is the deliberate obscuring of income and assets. He understands the system. He knows that what cannot be proven cannot be ordered.

This toolkit changes that. It gives you the language to demand full financial disclosure, the tools to document the gap between what he declares and how he actually lives, and the templates to present your case with the professionalism that commands respect in any legal setting.

For the first time, he was the one scrambling. Her attorney said: "I wish every client came this prepared."

Section A

Documents you need — and documents to demand.

Before any maintenance application or financial negotiation — gather your own documents and prepare to formally demand his. This is your foundation.

Your Documents

What you need to gather

ID document and passport
Marriage certificate and antenuptial contract (if applicable)
Children's birth certificates
Your bank statements — 12 to 24 months, all accounts
Your payslips or proof of income — last 3 to 6 months
Your tax returns and assessments — last 2 years
Proof of all expenses — school fees, medical aid, rent, food, transport, childcare
Your completed Court Ready Expense Sheet (Tool 4)
Any existing maintenance orders or agreements
Asset and liability schedule — property, vehicles, investments, retirement funds

His Documents

What you are entitled to demand

Bank statements for ALL accounts — personal and business — 12 to 24 months
Payslips and employer letters confirming full remuneration including benefits
Tax returns and SARS assessments — last 2 to 3 years
Asset and liability schedule — all property, vehicles, investments, pensions
If self-employed or a director — management accounts, annual financial statements, loan accounts, shareholder distributions, list of related entities
Medical aid statements
Investment and pension fund statements
Any trust documentation if he is a trustee or beneficiary
Loan accounts and evidence of any shareholder distributions

Your right

Full and frank financial disclosure is a legal requirement in divorce and maintenance proceedings. Failure to disclose fully can result in adverse inferences being drawn by the court — meaning the court can assume the worst about what he is hiding.

Section B

Lifestyle vs. income — documenting the gap.

When declared income does not match visible lifestyle — that gap is evidence. Document it. Date it. Reference it. This is how you prove what he cannot hide.

For each item of lifestyle expenditure that appears inconsistent with his declared income — record the following:

Date and locationWhen you observed or became aware of the expenditure. Be specific.

Description of expenditureWhat was purchased or spent. Be factual and specific — not emotional.

Estimated or known amountIf you know the cost — note it. If you can find it — screenshot it.

Source of informationHow you know — social media post, school communication, mutual contact, direct observation. Screenshot where possible.

Reference to any attachmentFilename of any screenshot, photo, or document saved as evidence.

Examples to document: business class flights, luxury accommodation, new vehicles, expensive restaurants, overseas holidays, new property purchases, private school fees for a new family, designer purchases, golf memberships, boats. Anything that contradicts "I cannot afford to pay more."

He can't hide his lifestyle forever. Every receipt, every post, every flight — it's all evidence. Collect it quietly. Present it calmly. Let it speak.

— Tatum

Section C

Request for full financial disclosure — template letter.

Send this through your attorney or directly if you do not yet have legal representation. Keep a copy. Note the date sent. If he fails to respond within 14 days — that failure becomes part of your case.

Template Letter — adapt before sending

Request for Full and Frank Financial Disclosure

To: [Ex-Partner's Full Name / His Legal Representative]
From: [Your Full Name]
Date: [Date]
Subject: Request for Full and Frank Financial Disclosure

In connection with the [divorce / maintenance / variation] proceedings between us, I hereby request that you provide the following documentation within 14 days of receipt of this letter:

Bank statements for ALL accounts — personal and business — for the past 12 to 24 months
Payslips, employer letters, and proof of any bonuses, benefits, or allowances — last 6 months
Tax returns and SARS assessments for the past 2 to 3 years
Full asset and liability schedule — all property, vehicles, investments, retirement funds, and cash
If self-employed or a director — management accounts, annual financial statements, loan accounts, shareholder distributions, and a list of all related entities
Medical aid statements and investment or pension fund statements
Documentation of any trust interests — as trustee or beneficiary

Failure to provide full and frank financial disclosure within the stipulated period may result in an application to compel disclosure, with a request that adverse inferences be drawn and costs be sought.

Yours faithfully,
[Your Full Name]
[Date]

Have your attorney review and send this on your behalf where possible. Keep a copy and note the date sent and the method of delivery.

Section D

If he is self-employed or runs a business.

This is where income is most easily hidden. A salary can be declared at whatever level he chooses. Expenses can be run through the business. Lifestyle can be funded through the company with no apparent personal income.

In addition to standard financial disclosure — request the following specifically:

Management accountsMonthly or quarterly financial statements for the business for the past 12 to 24 months.Shows real cash flow — not just what he declares to SARS.

Annual financial statementsAudited or reviewed — for the past 2 to 3 financial years.Shows the business's true financial position over time.

Loan accountsAny amounts owed to him by the company — these are often used to extract value without declaring income.A loan account in his favour means the company owes him money he can draw at any time.

Shareholder distributionsDividends or distributions paid to him as a shareholder — separate from salary.Often not reflected in payslips but very much part of his income.

Business expenses paid on his behalfFuel, phone, travel, meals, accommodation, vehicle — all paid by the business but benefiting him personally.These reduce his personal expenses and inflate his effective income.

List of related entitiesAny other companies, close corporations, or trusts he is connected to.Income can be shifted between entities to hide it from one set of accounts.

Key insight

A forensic accountant can be appointed by the court to investigate complex financial structures. If you suspect significant hidden income — ask your attorney about this option. The cost is often worth it against what is ultimately recovered.

Section E

Maintenance affidavit — skeleton structure.

Your affidavit is your formal statement to the court. It must be factual, structured, and supported by your annexures — your expense sheet, your evidence log, your disclosure request and response.

Use this structure as your starting point. Your attorney will finalise the wording.

Who you areI, [Full Name], identity number [ID number], state under oath as follows. I am the [wife / mother] of the minor child/children [names and dates of birth].

Residence of the childrenThe minor child/children reside primarily with me at [address]. I am the primary caregiver responsible for their day-to-day care, welfare, and expenses.

The children's reasonable monthly expensesThe reasonable monthly expenses of the minor child/children are set out in Annexure A — the Court Ready Expense Sheet attached hereto. The total monthly expenses amount to R [amount].

The respondent's means and lifestyleThe respondent's declared income is [amount]. However, his lifestyle is inconsistent with this declared income as set out in Annexure B — the Lifestyle vs Income Analysis attached hereto.

The order soughtI seek an order for maintenance in the amount of R [amount] per child per month and/or spousal maintenance of R [amount] per month, to be paid by the [1st / 15th] of each month into my bank account, details of which are attached.

AnnexuresAnnexed hereto and marked Annexure A through [letter] are: bank statements, the expense schedule, proof of payments, the disclosure request and any response received, and any correspondence relevant to this application.

Sign your affidavit before a commissioner of oaths — your attorney, a notary, or a police officer. Keep the original and provide your attorney with certified copies of all annexures.

Section F

When maintenance is not paid — enforcement and variation.

A maintenance order means nothing if it is not enforced. Non-payment is one of the most common post-divorce experiences — and one of the most demoralising. Here is what to do.

Track every payment meticulouslyKeep a running record of what is owed, what has been paid, and what is outstanding. Date every entry. Reference every bank statement.This record becomes your arrears affidavit if you need to enforce.

Send written remindersEvery reminder must be in writing — email or WhatsApp. Keep it factual. "Maintenance of R[amount] due [date] has not been received. Please confirm payment." No emotion. Just facts.

Apply for enforcementA Maintenance Court can issue an emoluments attachment order — garnishing his salary directly. This removes his ability to choose not to pay.Contact your nearest Maintenance Court to initiate this process.

Apply for variationIf circumstances have changed — his income has increased, the children's needs have changed, or the original order was based on incomplete disclosure — you can apply for a variation.Variations require fresh financial disclosure from both parties.

Keep records of all attempts to resolveDocument every call, every message, every letter. If the matter goes back to court — your record of attempts to resolve it in good faith matters.Courts do not look kindly on a party that has refused all attempts at resolution.

South Africa — Helpful Notes

Know your legal framework.

These notes are specific to South African law. If you are outside South Africa — consult an attorney in your jurisdiction for the equivalent processes.

Interim relief — Rule 43 / Rule 58You can apply for interim maintenance before the divorce is finalised. High Court uses Rule 43. Regional / Civil Court uses Rule 58. This gives you financial support while proceedings are ongoing.

Maintenance CourtA separate, accessible court specifically for maintenance matters. You can approach it directly without an attorney — though legal representation is advisable for complex matters.

Emoluments attachment orderA court order that instructs his employer to deduct maintenance directly from his salary and pay it to you. Removes his ability to choose non-payment.

Adverse inferenceIf he refuses to disclose or provides incomplete disclosure — the court can draw an adverse inference. This means the court can assume he earns more than he declares and order maintenance accordingly.

Legal Aid South AfricaIf you cannot afford an attorney — Legal Aid South Africa provides free legal assistance for qualifying individuals. Call 0800 110 110.

He was counting on you
not knowing.
Now you know.

Document the gap between what he declares and how he lives. Demand full disclosure. Present your case with the professionalism that commands respect. You are not asking for a favour. You are asserting a right.

Tatum

The light will prevail

Disclaimer: This toolkit is provided for general guidance only and does not constitute legal advice. Laws and court rules vary by country and region. All templates must be adapted for your specific jurisdiction and reviewed by a qualified attorney before use in any legal proceeding.