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Question
Posted by: anon1 | 2010-08-16

advice

Hi

Is it good advice to move out before going to the courts for a divorce (married in cop) most of the accounts (bonds ) are paid out of her bank account and i just transfer all my money into her account every month.She is a high earner now but was not always that way i was the one that paid for the rent and all the other goods while she was studying.What is the best advice

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Our expert says:
Expert ImageFamily law expert

There is a saying in law that "possesion is 9 tenths of the law", so it is not always advisable to move out unless you are being abused. I would suggest that you stay and try and negotiate a settlement and finalise the divorce in an uncontested manner. Being married COP means that you are entitled to 1/2 of the estate as well as her pension interests and vice versa.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

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1
Our users say:
Posted by: family law expert | 2010-08-16

There is a saying in law that "possesion is 9 tenths of the law", so it is not always advisable to move out unless you are being abused. I would suggest that you stay and try and negotiate a settlement and finalise the divorce in an uncontested manner. Being married COP means that you are entitled to 1/2 of the estate as well as her pension interests and vice versa.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

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