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Question
Posted by: Nermal | 2011/01/18

Divorce and adultery

I left my husband seven months ago and moved in with my mother. I saw a lawyer the next day and we are waiting for the settlement to be completed so that we can sign and have this done. Our house has been sold, just waiting for the transfer to go through. The belongings have been split. My kids stay with me and my husband does pay maintenance. I have met someone and my husband is now saying I''m committing adultery. We are married out of community of property without accrual. How does this affect the divorce if at all?

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Our expert says:
Expert ImageFamily law expert

The question is whether the man that you met was the cause of the breakdown of your marriage. This does not seem to be the case and as such will have no bearing on the settlement, unless off course if your husband delay the matter or back out of the signed settlement. A party my retract from a divorce settlement agreement prior to a court making it an order, on certain grounds.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http://www.divorceattorney.co.za
Twitter: www.twitter/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

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1
Our users say:
Posted by: family law expert | 2011/01/22

The question is whether the man that you met was the cause of the breakdown of your marriage. This does not seem to be the case and as such will have no bearing on the settlement, unless off course if your husband delay the matter or back out of the signed settlement. A party my retract from a divorce settlement agreement prior to a court making it an order, on certain grounds.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http://www.divorceattorney.co.za
Twitter: www.twitter/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

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