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Question
Posted by: LEE | 2010/03/03

divorce settlement

I am considering divorce,due to my husbands infidelity,we are married in c.o.p since 2007,my concern is my husband obtained the house a few years before we got together he is in the s.a.p.d. am i eligible on 50% of the house if it gets sold or does it stay his property and of his pension fund i dont know how to enter the settlement because he keeps on telling me i should leave his house its his property and that i wont get any cent from his pension fund,what am i to do,please help me

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Our expert says:
Expert ImageFamily law expert

The obvious advantage to marriage in community of property is that the person who contributes less financially to the joint estate stands to gain more in the eventuality of a divorce. A disadvantage to this form of marital contract is that should your partner acquire debt or experience a crippling financial setback, you will bear the losses equally. Thus, you will be entitled to 50% of the estate as a consequence of the matrimonial status of your marriage and will be legally entitled to half of the house and other assets.

Bertus Preller
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: lee | 2010/03/08

thank you for your feedback.
I''ve tried to talk 2 my husband about the settlement he definitely is not interested,he very arrogantly told me he will not contribute one cent towards my expences or 4 the kids eventhough he is the one wants us to leave, and he told me i can consider taking the baby out of crech aswell,really i do not want a fight i just want to be free and have peace. Can he refuse to contribute financially?

Reply to lee
Posted by: lee | 2010/03/08

thank you for your feedback.
I''ve tried to talk 2 my husband about the settlement he definitely is not interested,he very arrogantly told me he will not contribute one cent towards my expences or 4 the kids eventhough he is the one wants us to leave, and he told me i can consider taking the baby out of crech aswell,really i do not want a fight i just want to be free and have peace. Can he refuse to contribute financially?

Reply to lee
Posted by: G-Dad | 2010/03/08

Honestly if you want it to be over as soon as possible then you do not need a good attorney but have to reach an agreement that suite everybody, once you get a good attorney then hubby get a good attorney and nobody wins on the the good attorneys.

You do not need attorneys to claim alimony and maintenance, you can phone the local courts and speak to the maintenance officer for guidance on what steps to follow.

It all depends what you want out of this divorce, do you just want to move on and start a new life with the kids, or do you think that you are entitled to your fair share of the estate, if you think that you need fair share then it might end up in quite a battle. I would try a mediator first, not to make the marriage work but to find a suitable settlement that suit both of you.

I do not know how much the house is worth and how much he owe on the house, I also do not know that he is aware of the forfeit claim and if he will have grounds to use it, but you have to consider all of this and then figure what you want out of this then sit down and reach an agreement, put it on paper and do a DIY divorce it is cheap and less traumatic.

Most of the parties put up a fight, specially if they think they have a good attorney representing them, all of this just to settle at the end and have a huge attorney bill to settle as well, depending on the case and how much paper work is involved, this bill could end up hundreds of thousands of rands, at it could have been avoided.

Reply to G-Dad
Posted by: lee | 2010/03/05

Thanks 4 the feedback,i basically dont want anything that would remind me off him,all i want is to sustain the lifestyle that we( my kids n i) got accostimed to for the last 4 years i just want everything to be over very quickly the humiliation i am suffering is to much. How do i claim alomony and child support in this case i even told him he could see the kids as often as he''d liked,i just want whats fair not his nastiness i don''t want to live a lie any longer.
I just need a good lawyer - any suggestions,i am situated in paarl western cape.

Reply to lee
Posted by: lee | 2010/03/05

Thanks 4 the feedback,i basically dont want anything that would remind me off him,all i want is to sustain the lifestyle that we( my kids n i) got accostimed to for the last 4 years i just want everything to be over very quickly the humiliation i am suffering is to much. How do i claim alomony and child support in this case i even told him he could see the kids as often as he''d liked,i just want whats fair not his nastiness i don''t want to live a lie any longer.
I just need a good lawyer - any suggestions,i am situated in paarl western cape.

Reply to lee
Posted by: G-Dad | 2010/03/03

There is a lot of factors that should be considered, yes normally you entitled to 50% when married ICOP, but he can dispute it and in some cases he can ask that you forfeit your share of the estate, basically on everything he owned before getting married, the duration of the marriage, who did what ect will be considered, in your case 2007 until now is a very short marriage and it is possible for him to succeed with such a request to have your share of the claim forfeited.

I were married ICOP as well, I had house, cars ect before I met my ex, we were married for 5 years, I requested to the courts to forfeit my ex''s claim on the assets I owned before getting married and it was granted, she basically walked out with what she walked in, I kept everything.

Reply to G-Dad
Posted by: Family law expert | 2010/03/03

The obvious advantage to marriage in community of property is that the person who contributes less financially to the joint estate stands to gain more in the eventuality of a divorce. A disadvantage to this form of marital contract is that should your partner acquire debt or experience a crippling financial setback, you will bear the losses equally. Thus, you will be entitled to 50% of the estate as a consequence of the matrimonial status of your marriage and will be legally entitled to half of the house and other assets.

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

Reply to Family law expert

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