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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  34 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am legally separated to a New Zealander and have a 2 year

Resolved Question:

I am legally separated to a New Zealander and have a 2 year NZ seperation agreement before divorce proceedings can take place, that is according to New Zealand law. I would like to end this marriage now in South Africa, can I do this as I don't have enough money for a lawyer.

We were married in South Africa and soon afterwards moved to his home country. After 10 months marriage he had an affair and after all his emotional and verbal abuse I saw a lawyer in NZ. We came to a very small settlement, enough for me to get my furniture and car shipped back to South Africa. I don't know if there is anything further that I can claim from him under the South African law. I could not touch any of his assets prior to our marriage, but then I used up half my money for the sale of my house plus all my pension and provident fund for travel, shipping, storage and to support myself.

Please could you let me know which path to take.

Greatly appreciated
Helen
Submitted: 4 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 4 years ago.
You cannot under New Zealand Law reduce the period of 2 years for the divorce. This is because 2 years separation is the only ground for a divorce. If you have reached a property agreement in New Zealand, which has been properly signed and witnessed, you would, under New Zealand Law find it difficult to overturn this. If South African law permits a divorce on ground of adultery and the separation period is shorter, say a year, the you can go to the South African court to get a divorce as the marriage was there and you now live there again. So you can apply but you will need to serve the papers on him. This will not be too difficult provided you know where he is. If South African law is better on property issues you could apply, but I suspect the settlement will be binding anyway.
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19359
Experience: 34 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Chris The Lawyer and other New Zealand Law Specialists are ready to help you
Customer: replied 4 years ago.

Yes, I do accept your answer, which court do I go to and which forms do I require.

 

I still have all my expenditures that were incurred during the 23 months that he lived here. He did bring money across to SA but he traveled twice to the UK, once to Sydney and then to N Z plus his medical bills were high, paid out of his money here but was refunded by his Medical in NZ. Also he collected rent on his house that he was leasing out.whilst living here with me. Is there a chance that I could recover any monies over and above what he brought to SA with him to recover my expenses on him that I incurred. He accused me of spending his money?????

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