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Question
Posted by: Janette | 2010/05/22

HELP - INFORMATION NEEDED

I wonder if you can help me. I have no idea what the full assets and liabilities of my spouse are. We are married out of community of property with the accrual and i dont know what he accrual is and would like to issue summons but how do i claim something if i dont know how much it is?

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Our expert says:
Expert ImageFamily law expert

Hi Janette,

You will need to visit a divorce attorney. The attorney will advise you how to properly claim for the accrual in your estate. In practice what happens is that the prayers in the Particulars of Claim will be drafted in such a way to afford the possibility to obtain full disclosure of your spouse's estate in order to be able to determine the accrual. You are entitled to this on account of Section 7 of the Matrimonial Property Act 88 of 1984. Your spouse will then have to render an account supported by documentary proof containing full particulars of the value of his estate in order to determine the differance in the accrual between your respective estates.

It is important that you study your ANC as well in order to detremine what assets where excluded from the accrual or whether there were any donations made in terms of the ANC, which may be excluded from the accrual.

Should your attorney feel that the disclosure was insufficient he will ask for further disclosure.

For further advice you can call our hotline on 0835334428 or email me at bertus@divorceattorney.co.za or visit our website at www.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: family law expert | 2010/05/22

Hi Janette,

You will need to visit a divorce attorney. The attorney will advise you how to properly claim for the accrual in your estate. In practice what happens is that the prayers in the Particulars of Claim will be drafted in such a way to afford the possibility to obtain full disclosure of your spouse's estate in order to be able to determine the accrual. You are entitled to this on account of Section 7 of the Matrimonial Property Act 88 of 1984. Your spouse will then have to render an account supported by documentary proof containing full particulars of the value of his estate in order to determine the differance in the accrual between your respective estates.

It is important that you study your ANC as well in order to detremine what assets where excluded from the accrual or whether there were any donations made in terms of the ANC, which may be excluded from the accrual.

Should your attorney feel that the disclosure was insufficient he will ask for further disclosure.

For further advice you can call our hotline on 0835334428 or email me at bertus@divorceattorney.co.za or visit our website at www.divorceattorney.co.za

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