Divorce Mediation Checklist (South Africa) (2026): Documents, Questions & Red Flags

This divorce mediation checklist helps you prepare for mediation in South Africa in 2026: the documents to gather, the questions to ask, and the red flags that make mediation fail.

Updated for 2026. This is general information, not legal advice.

Mediation preparation checklist: questions to ask

• Confirm the goal: a written settlement that can be made an order of court.
• List the real issues: children, maintenance, assets, debts, timelines.
• Get disclosure ready (see documents below).
• Prepare a realistic monthly budget.
• Decide your non-negotiables vs negotiables.

Divorce mediation checklist: documents to bring

• • IDs and marriage certificate
  • 3–6 months bank statements (all accounts)
  • Payslips / proof of income (both spouses if possible)
  • Bond statement and property details (if applicable)
  • Retirement / pension statements
  • Debt schedule (loans, credit cards, arrears)
  • Children’s costs (school, medical, transport, activities)

Use this divorce mediation checklist to arrive with full disclosure and a realistic budge – because mediation without documents becomes opinion and accusation.

This mediation preparation checklist is designed to keep sessions focused on disclosure, workable parenting terms, and a settlement that can actually be implemented.

Children: the parenting questions that must be answered

• Weekly care and contact schedule (including handovers)
• Holidays, travel, passports, and consent rules
• Schooling decisions and who pays what
• Medical aid, medical decisions, and emergencies
• Communication rules between parents

If children are involved, you will usually need a parenting plan. Start here: Parenting Plans & Parenting Coordination.

Maintenance: what you must prepare

• Full monthly budget (rent/bond, food, utilities, transport, insurance)
• School and medical costs broken down
• Proof of income and variable income (commissions, bonuses)
• Any special costs (therapy, tutoring, chronic medication)

If interim relief is urgent while the divorce is pending, see: Rule 43 Guide.

Assets and debts: the questions people avoid (and then litigate later)

• What is the matrimonial property regime (in community / out of community / accrual)?
• Who keeps the home, or will it be sold?
• How will the bond be serviced pending transfer/sale?
• How will pensions/retirement interests be dealt with?
• What happens to vehicles, business interests, and joint debt?

Red flags: when mediation usually fails

• Refusal to disclose finances (or “trust me” answers)
• Threats, coercion, intimidation, or fear
• One spouse uses mediation to delay
• Vague terms that cannot be implemented

Next step: use the main mediation guide

If you want the full process, costs, timelines, and how settlements become court orders, start here: divorce mediation.

If your main concern is children, read: divorce mediation with children.

Next steps (if you want to finalise quickly)

If you are aiming for a settled outcome, use our uncontested divorce checklist to understand the documents and steps needed to finalise the matter properly.

Further reading:

• If you are aiming for a settled outcome, use our uncontested divorce checklist to understand the documents and steps needed to finalise the matter.
• If you searched “near me” and want to start with the correct location pathway, use: divorce lawyers near me.

Want the full walk-through? Read: how divorce mediation works.

For general official information, see the Department of Justice and Constitutional Development website: justice.gov.za.

Simon Dippenaar

Founder & Managing Partner, SD Law

Attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in Cape Town and Gauteng representing South African and international clients.

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