Quick answer
Keep the complete served set, service details, court and case identifiers, marriage-regime records, child and maintenance information, financial documents, existing orders, settlement versions and proof of every document filed or delivered. Preserve originals and context. Do not edit, selectively delete or obtain records through unauthorised access.
Build an evidence index, not a document pile
Give every item an index number, date, source, short description and issue tag. The issue tag might be service, jurisdiction, child, maintenance, property, debt, pension, safety, settlement or costs. Keep the original file name and available metadata when making a working copy.
The index should show whether the item is an original, scan, screenshot, exported message, statement, photograph, court-stamped document or note created later. If authenticity or completeness is uncertain, label that uncertainty instead of presenting the item as conclusive.
Preserve the served-papers trail
Keep every page of the summons, claim details, annexures, notices and drafts in the order received. Record the date, time, place, recipient and manner of delivery, plus the sheriff's details and return of service if available.
Add the issuing court, division, case number, parties, attorneys and every response address. Retain the envelope, covering letter and transmission record. If the papers arrived by email or through another person, preserve that event without assuming whether formal service was effective.
For each later court step, keep both filing proof and delivery proof. A saved draft or an email only to the spouse does not establish that the required process reached the court and nominated address.
Create a claim-response evidence table
Copy each material allegation and order requested into a table. Mark it agreed, disputed, partly agreed or not understood. Add the record supporting your present position, the missing evidence and the advice question.
This table prevents evidence from being collected without purpose. It also exposes where the problem is legal interpretation rather than missing facts, such as the matrimonial-property regime, pension treatment or court jurisdiction.
Keep marriage and property-regime records
Preserve the marriage certificate, antenuptial contract and registration details, and relevant proof of a customary marriage, civil union, foreign marriage or earlier status order. Keep acquisition documents, title and bond records, statements, valuations and source-of-funds evidence for significant assets.
For debts, retain agreements, current balances, payment histories, suretyships, security and evidence of the purpose of the obligation. Account names and registered ownership are important evidence but may not alone decide the final divorce outcome.
Protect child and support information
For each child, keep birth or adoption records, current care and contact schedules, school and medical information, transport arrangements, expenses, significant communications and every parenting plan or order. Record changes neutrally and avoid circulating the child's private information beyond those who need it.
Store Family Advocate forms, appointment notices, parenting plans and reports separately from private lawyer communications. The Family Advocate serves a neutral, child-focused function and is not evidence that one spouse's overall case has been accepted.
For maintenance, keep existing orders or agreements, bank proof, payment references, arrears schedules, income information, household expenses and the child's itemised needs. Do not combine support records with arguments about contact.
Preserve money and business evidence lawfully
Retain financial records already within your authority: bank statements, payslips, tax records, invoices, policies, investment statements, pension information, business accounts, loan-account records and ownership documents. Keep versions over time where a balance or value is changing.
Do not log into a spouse's email, banking, cloud storage, device, employer portal or business system using guessed credentials or impersonation. Tell the lawyer which records are missing so the correct disclosure or preservation procedure can be considered.
If you suspect unusual transfers, new debts, disappearing records or undervaluation, record the facts and existing proof. Do not manufacture a confrontation, move assets in retaliation or alter operational records.
Keep complete communications
Export or preserve the full conversation where possible rather than isolated screenshots. Record the sender, recipient, date, platform and surrounding context. Do not crop out qualifying messages, add annotations to the original or delete material because it appears unhelpful.
Keep settlement offers and marked drafts with clear version names. Separate open logistical messages from communications intended to contain legal advice or without-prejudice proposals, and ask how each category should be handled.
Use a factual chronology
Create a dated chronology linking each event to an index item. Cover service, court steps, separation, child arrangements, support, significant asset or debt changes, safety incidents and settlement exchanges. Distinguish what you saw or received from what another person told you.
For a later recollection, record when the note was made and why. Do not backdate it or present it as a contemporaneous record.
Secure and hand over the file
Keep originals read-only where practical, back up the index and use a secure transfer method approved by the lawyer. Limit permissions, particularly for child, medical, intimate and financial material. Maintain a simple access log for sensitive collections.
The first handover should contain the served set, service facts, claim table, urgent safety or child records, current orders and the strongest financial records. Flag gaps. A prompt, honest evidence map is more useful than a delayed file that pretends to be complete.
For the procedural sequence, read the next-step decision map. Check the mistakes that can damage the matter before collecting or moving records. Use the documents-to-prepare pack for the complete lawyer handover and the Divorce and Family Law directory for assistance.
FAQs
Should I delete angry messages I sent?
No. Preserve the complete exchange and discuss it honestly with the lawyer. Selective deletion can remove context and create a separate credibility problem.
Are screenshots enough?
They may be useful, but keep the original device, export or full conversation where lawfully available. Record the source and avoid editing the image.
Can I take documents from the family business?
Do not remove originals or bypass access controls. Preserve records already lawfully in your possession and ask about formal disclosure for the rest.
Should I preserve proof of when and how the divorce papers were served?
Yes. Keep the summons, annexures, sheriff details, envelope or electronic notice and your own factual note of delivery. Service evidence helps the lawyer verify the response trigger, but the applicable court rule must still be checked.
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Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.

