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Question
Posted by: Cate | 2011/01/27

Pension &  Lease Agreement

I am in the process of divorcing my husband. We are married in COP. Is he entitled to 1/2 my provident fund from work? He does not contribute to any where he works.
Also, we are still living in the same house (in seperate rooms) which we rent due to financial reasons. He is abusive and I do have a protection order against him. The lease agreement as well at the lights and water A/C is in my name although he says he pays the rent (I pay for lights and water, groceries and school fees) so he says I can''''t kick him out. He has brought another young female into our home against my will and I have been told that I can get a removal order to get her out. If I do so he has threatened me so I want to get a removal order for him as well. Can I do this? What are my rights? We have 3 children (age 11, 5 and 1 year) otherwise I would have left long ago but he won''''t let me take them with. I am confident that the court will allow them to stay with me because of his behaviour but I really don''''t want to traumatize them even more than necessary.

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Our expert says:
Expert ImageFamily law expert

He is entitled to 1/2 of your pension unless you structure a Settlement Agreement to the contrary. I would get a restraining order against him immediately couple with an order for emergency monetary relief pending the divorce. Alternatively take the children and move, the situation at the moment is not in the best interests of the children at all.

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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Our users say:
Posted by: family law expert | 2011/01/30

He is entitled to 1/2 of your pension unless you structure a Settlement Agreement to the contrary. I would get a restraining order against him immediately couple with an order for emergency monetary relief pending the divorce. Alternatively take the children and move, the situation at the moment is not in the best interests of the children at all.

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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