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Question
Posted by: Getting closer and scared | 2010-11-19

ANC with NO accruel ( 1982)

Please reassure. Been married 28 years, husband having affair with secatary. Married 1982. been a mom and worked part time only.Same bank account untill 5 years ago. No pension and one small insurance policy of my own.
All assets, investments in his name.
Lawyer has requested redistribution order. Will the law protect me ? Will I be entitiled to 50% of pensions etc?

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Our expert says:
Expert ImageFamily law expert

A redistribution in an order when one spouse is ordered to transfer certain assets, or part thereof, to the other is designed to remedy the inequality which could flow from the failure of the law to recognise a right of a spouse upon divorce to claim an adjustment of a disparity between the respective assets of the spouses which is commensurate with the respective contributions during the subsistence of the marriage to the maintenance or increase in the estate of the one or the other. They can now share in premium interests as well.

Before a court can grant an order it must be satisfied that at least the following requirements have been met:

1. The parties must have been married prior to 1984 out of community of property in terms of an ante nuptial contract which excluded the community of property, community of profit and loss and the accrual sharing in any form.
2. Parties however must have been able to reach a settlement.
3. The order must be applied for.
4. The order can only be granted against a party against whom the order is sought has more assets than liabilities.
5. The party in whose favour the order is granted must have contributed directly or indirectly to the maintenance or increase of the estate of the other during the subsistence of the marriage.
6. The court must be satisfied it is just and equitable.


In determining what assets, or part thereof, are to be transferred in terms of the redistribution order the court shall, apart from the requirements referred to in 5 and 6 above, take into account the following factors:

1. the existing means and obligations of the parties;
2. any donation made by one party to the other during the subsistence of the marriage, or which is still owing in terms of an ante nuptial contract;
3. any order for the forfeiture of benefits;
4. any other factor which in the opinion of the court should be taken into account.

Bertus Preller
Family Law Attorney
Abrahams and Gross Attorneys
www.divorceattorney.co.za
bertus@divorceattorney.co.za

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

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Our users say:
Posted by: getting closer and scared | 2010-11-25

Hi Bertus,! Are you there?????

Reply to getting closer and scared
Posted by: getting closer and scared | 2010-11-23

Will this apply even though our ANC was without accruel...that is my biggest fear ! The lawyer says it wont matter in a court BUT this is also going to be very costly ! I will find the money if I have to but wont his lawyer suggest to him to settle before this?
He has declined the redistribution order ( the lawyer called today !) can he do this ?

Reply to getting closer and scared
Posted by: Bertus | 2010-11-23

It means that you will be entitled to a redistribution of close to 50% of the assets. His pension interest will be regarded as part of his assets and will be taken into account once the court makes the redistribution order.

Regards

Reply to Bertus
Posted by: Getting closer and scared | 2010-11-20

Thanks Bertus , What does this mean for me in terms of pensions and investments that we do have ? The legal terms really spook me !!
I have been primarily the home maker/mother but when I have worked part time ant money earned has been paid into his bank acc, I didnt even have a bank acc !! This is terrifying ...please explain what you have said in easy terms.

Reply to Getting closer and scared
Posted by: FIO | 2010-11-20

No. But you can claim maintenance. You can only claim for what you can prove you brought into the marriage. I''ll double chek just to be sure.

Reply to FIO
Posted by: family law expert | 2010-11-20

A redistribution in an order when one spouse is ordered to transfer certain assets, or part thereof, to the other is designed to remedy the inequality which could flow from the failure of the law to recognise a right of a spouse upon divorce to claim an adjustment of a disparity between the respective assets of the spouses which is commensurate with the respective contributions during the subsistence of the marriage to the maintenance or increase in the estate of the one or the other. They can now share in premium interests as well.

Before a court can grant an order it must be satisfied that at least the following requirements have been met:

1. The parties must have been married prior to 1984 out of community of property in terms of an ante nuptial contract which excluded the community of property, community of profit and loss and the accrual sharing in any form.
2. Parties however must have been able to reach a settlement.
3. The order must be applied for.
4. The order can only be granted against a party against whom the order is sought has more assets than liabilities.
5. The party in whose favour the order is granted must have contributed directly or indirectly to the maintenance or increase of the estate of the other during the subsistence of the marriage.
6. The court must be satisfied it is just and equitable.


In determining what assets, or part thereof, are to be transferred in terms of the redistribution order the court shall, apart from the requirements referred to in 5 and 6 above, take into account the following factors:

1. the existing means and obligations of the parties;
2. any donation made by one party to the other during the subsistence of the marriage, or which is still owing in terms of an ante nuptial contract;
3. any order for the forfeiture of benefits;
4. any other factor which in the opinion of the court should be taken into account.

Bertus Preller
Family Law Attorney
Abrahams and Gross Attorneys
www.divorceattorney.co.za
bertus@divorceattorney.co.za

Reply to family law expert

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