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Question
Posted by: minki | 2010-09-27

confused

Pls help and give advice for my friend:

11 yrs ago she met her ex husband in Paris, they fell in love and she came back to SA with him and they were married, they had 2 kids aged now 11 and 8. Since 2004 he moved out of the family home and their divorce was official last year. He hardly EVER contributes financially to the children or to her. She has never worked and only holds down a part time job due to the fact she does not have a work permit. She is struggling to make ends meet with two children. If she get R3000 per annum from him she is lucky. She does not know his address, or place of work. It would appear he hides this information from her purposely. He sees the children about 3 times a yr for brief periods and avoids their phone calls.

What can she do in this situation and where does she start. The house is paid up and in his name and she is currently wanting to sell and move back overseas. He gave her lawyer the necessary signature and permission to leave with the kids. What advice please?

Thanks

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Our expert says:
Expert ImageFamily law expert

She must act in the interests of the children and secure the payment of their maintenance. I suggest that she claim all arrear maintenance payments, if he doesn't pay, then attach the house through a writ. Also her attorney should consider some form of security for the proper payment of future maintenance, by for instance attaching a writ on his pension fund etc.

Bertus Preller
Family Law Attorney
Abrahams and Gross
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.

3
Our users say:
Posted by: FIO | 2010-09-28

He does not have to appear, as long as his legal representative does.

Reply to FIO
Posted by: minki | 2010-09-28

all i know is they are married in COProperty and i dont have details re the divorce but what i do know is he never appeared in court for the divorce proceedings but it still went thru, is that possible? he never appears for anything and nobody knows where he is.

Reply to minki
Posted by: FIO | 2010-09-27

Depends entirely on the type of mariage and the divorce contract. The diovorce contract should stipulate maintenance contributions etc, as well as division of assets etc, including the house.

If the house is in his name, then it makes no difference re selling, unless of course the divorce agreement stipulates she is entitled to half the value. n which case he shoudl sell the house to pay her share, or he must pay her the value entitled to her, and he can keep the house. Once again, it depends on the divorce agreement.

Unfortunately without this information its hard to give any advice.

If the divorce is through, and he has given her permission to leave the country with the kids, then so be it, leave and seek a better future. If the money from the sale of the house is needed in order to make the move, then it becomes a different story. I know of people who pay out, others who sell the house at rock bottom price, all kinds of things.

If he wants her to go, then ti is probably in is best interests to pay her out.

As for taking the matter to court, the law is becoming more strict on this. Courts are overloaded with litigation cases, and so the law requires mediation. However, since the divorce is through, mediation woudl serve little purpose unless she was prepared to go to court top sue him for what she is entitled to. In this case mediation woudl certainly b e the cheaper option, for both hium and her. If eh is refusing to co-operate, iot could coutn against him in court, adn he could end up with all the costs, which would certainly end up costing a lot more than just paying her out what she is due.

Once again, what does divorce agreement say?

Reply to FIO

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