My husband left me six months ago by his choice, not mine. I have been wanting him to come back but he wants to get divorced. He says he doesn't need me to consent to the divorce, he can just go ahead and do it. I just want to confirm that is not the case. I also want to know how I can prevent him from emptying his bank accounts before a financial settlement is agreed to? I noticed he has paid a lump sum of R60,000.00 out of an account which makes me nervous...
Province: Western Cape
Hi There, I presume your husband has not yet seen a lawyer who has issued a divorce summons?
Don't worry one cannot get divorced without the other party knowing and you will have an opportunity to contest the divorce.Once summons is issued (by the plaintiff, who will probably be your husband unless you sue first) it will have to be served on the defendant .The defendant will have 2 weeks to serve a notice of intention to defend.Thereafter you (defendant) will have an opportunity to plead on the plaintiffs particulars and to institute a counterclaim.Once the divorce summons is issued you can apply to the court for interim relieve pertaining to maintenance, costs and children.If you choose not to defend the matter your husband can get divorced on the terms stated in his summons/particulars of claim.
If you are married out of community of property, your husband is entitled to do with his money as he likes, but you may bring a court application preventing him from getting rid of his assets if it may negatively impact on your position (usually in the case of marriages in community of property)
We are married with an antinuptual contract with the accrual system. We started with nothing but have accumulated some wealth during our 15 year marriage. He is a professional and I am a housewife. Legally as far as I know I am entitled to half of the assets, but am worried about him 'hiding' assets with his very large family. Is he allowed to do that?
No you are not entitled to half his assets.In the ANC it should be stated what the value of you and your husbands assets were at the time of marriage.These values are then adjusted for inflation.It is then determined how much the value of your husband's accrual is and how much the value of your accrual is.The party with lessor accrual is then entitled to half of the difference in the accrual.
Hypothetical: 1995 husbands assests: 1mil
your assets 0,5 mil
2010 husband 3 mil
your assets 0,6 mil
husbands accrual 2 mil, your accrual 0,1. 2-0.1 = 1,9......50% of 1,9 is 0,95.
In this case you would get little bit less than a 1/3......
As I've said you can bring an application preventing him from hiding his assets.Since you were a housewife for so long you would be entitled to maintenance as well.Even though you are married out of community of property with accrual the 2 of you may agree on a different outcome.
BCom Law LLB, 3 years post article experience as attorney
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