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Question
Posted by: Gina | 2010-08-02

Divorce...???

Hi,

Just want to check something please..

My sister has been married for 25 yrs,they are married out of community and without "  aanwas"  . Problem is... my sisterworked for 15yrs while he studied (he is an aneasthesist), she kept them going. And he insisted that she quit working to take care of the kids (now grown). He abuses her mentally and she is suicidal.

Is it true that she can get 30% of his assets and that he must maintain the lifestyle which she is accustomed to? What about the house? Can she stay in the house? She is almost 50 yrs old - where will she work now? He is filthy rich and treats her like a slave.

The things he is doing to her is horrific and she has lost all her self confidence...

Any advice would be welcome!!!

Thnx

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Our expert says:
Expert ImageFamily law expert

Section 7(3) of the Divorce Act 70 of 1979 empowers a court granting a decree of divorce in respect of a marriage out of community of property entered into before 1 November 1984 in terms of an antenuptial contract by which community of property, community of profit and loss and accrual sharing are excluded to order, subject to subss (4), (5) and (6) a redistribution of assets between the parties as the court may deem just.

There is no fixed percentage on what she will get as the court will have to make a value judgement on the facts. Thus the redistribution could be anything from 0% - 50%.

For further advice:
info@divorceattorney.co.za

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

Section 7(3) of the Divorce Act 70 of 1979 empowers a court granting a decree of divorce in respect of a marriage out of community of property entered into before 1 November 1984 in terms of an antenuptial contract by which community of property, community of profit and loss and accrual sharing are excluded to order, subject to subss (4), (5) and (6) a redistribution of assets between the parties as the court may deem just.

There is no fixed percentage on what she will get as the court will have to make a value judgement on the facts. Thus the redistribution could be anything from 0% - 50%.

For further advice:
info@divorceattorney.co.za

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