Posted by: Anna | 2009/06/17

Rights if married with AN contact without accrual

Hi, I have been married for more than 30 years. The last 5 years were very bad. I have realised that I was emotionally abused and as a result my feelings have died. I had an affair last year of which he knows and he is telling me often how bad I am. That he will never forget it.

I have decided to divorce him. I am not sure what my rights are with regard to to fact that we are married with a contract, but without accrual. We have not changed it in 1984.

We have grown up children, so there will be no fights about them. Youngest is still studying at university, though.

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Our expert says:
Expert ImageDivorce support expert

Hi Anna,

pls contact me personally for a legal referral.

Warmest regards

Nadia | The South African Divorce Support Association

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.

Our users say:
Posted by: G-Dad | 2009/07/02

In your case you have a lifetime of marriage and even though you had a contract with limited rights I suppose for you, you will be entitled to a share, each case is based on merits and a lot of times people believe that when they are married ICOP that the spouse will automatically get half or in your case OCOP the spouse will walk out with nothing, well each case is based on merits and fairness and a judge will do a simple test after looking at all the information before him and decide what would any reasonable person do in the same situation, in some cases if the mother was a house wife for 30 years she could even qualify for alimony for some time as well as part of the estate.

Reply to G-Dad

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