Close Joint Credit Accounts After Divorce in South Africa
Close Joint Credit Accounts After Divorce in South Africa
Your divorce decree doesn't cancel your joint credit obligations. Every store card, credit card, and credit facility that carries both names remains active — and both parties remain jointly liable — until the accounts are formally closed.
Here's how to protect your credit record from your ex-spouse's spending.
Joint and Several Liability: What It Means for You
When you signed a joint credit agreement, you agreed to "joint and several" liability. This means the credit provider can hold either party responsible for the full outstanding balance, regardless of who made the purchases.
A divorce settlement that says "each party is responsible for their own credit card debt" is binding between you and your ex-spouse — but it doesn't bind the bank or retailer. If your ex-spouse defaults on a joint Woolworths card, Woolworths can pursue you for the full amount. Your recourse is then to recover from your ex-spouse, which may require a separate court action.
Step-by-Step: Closing Joint Credit Facilities
1. Pull your credit report. Start by getting a free credit report from TransUnion (mytransunion.co.za), Experian, or XDS. This shows every account listed under your name, including joint accounts you may have forgotten about. You're entitled to one free report per year from each bureau.
2. List every joint account. Go through the report line by line. Common joint credit facilities include:
- Joint credit cards (bank-issued)
- Retail store cards (Woolworths, Edgars, Truworths, Mr Price)
- Joint overdraft facilities
- Personal loans with a joint signatory
- Vehicle finance with a co-signer
3. Pay the outstanding balance. Most credit providers require the balance to be zero before they'll close the account. If your settlement agreement allocates responsibility for specific debts, ensure those are settled. If your ex-spouse is supposed to pay but hasn't, you may need to pay first and recover later — leaving the account open with an outstanding balance puts your credit record at risk.
4. Request formal closure in writing. Contact each credit provider and request closure of the joint facility. Some retailers allow this online; most require a written instruction. Submit a copy of the divorce decree as supporting documentation.
5. Get written confirmation. Don't assume the account is closed until you receive a closure letter or email. Check your credit report again 30 to 60 days later to confirm the account shows as "closed by consumer" rather than "written off" or "in arrears."
Secondary Credit Cards
If you're the primary cardholder and your ex-spouse has a secondary card on your account, cancel the secondary card immediately. Under South African credit law, the primary cardholder is solely liable for all charges on secondary cards. Until the secondary card is formally cancelled, your ex-spouse can continue spending on it, and you'll be billed.
Contact your bank's credit card department and request cancellation of the secondary card. This can usually be done by phone with immediate effect.
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Freezing a Joint Account
If you can't close the joint credit account immediately — perhaps because the balance can't be settled yet — request the credit provider to freeze the account. A frozen account can't be used for new purchases, limiting the damage your ex-spouse can do while the balance is being resolved.
Not all providers offer freezes, but banks typically will if you submit a written request with a copy of the divorce decree.
Impact on Your Credit Score
Closing credit accounts can temporarily reduce your credit score because it decreases your total available credit. However, this short-term dip is far less damaging than the risk of your ex-spouse defaulting on a joint account and putting a negative mark against your name.
If your ex-spouse's spending behaviour was contributing to your credit utilisation ratio, closing joint accounts and establishing your own credit history may actually improve your score over time.
What If Your Ex-Spouse Won't Cooperate
Some joint accounts require both parties to sign the closure instruction. If your ex-spouse refuses to cooperate:
- Submit a written instruction with the divorce decree and settlement agreement to the credit provider
- Request the credit provider to note the dispute on the account
- If necessary, lodge a complaint with the National Credit Regulator (NCR) or the relevant industry ombudsman
The South Africa After-Divorce Checklist includes a joint account tracker that catalogues every credit facility and tracks the closure status of each one.
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