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Mike Otis
Mike Otis, Legal Advisor
Category: South Africa Law
Satisfied Customers: 2161
Experience:  B.Comm; LL.B; LL.M.
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Leglal LawMy daughter was forced to sign divorce papers

Resolved Question:

Leglal Law My daughter was forced to sign divorce papers by her husband whilst under sedation for thrombosis that occured last year March. Her specialist can confirm this. She is still receiving treatment and have to use medication for the rest of her life. Apparently she signed all their properties (2 houses and 1 plot and 2 empty stands), cars (3 + 2 business ldv's). It also states that he only has to pay her maintenance for only 6 months. She was 16 when she fell prenant and subsequently got married. She only worked for him and helped him to build up his business. Now when he is at the peak he divorced her? She went to see a lawyer but her money has now run out. The car that he bought for her last year before the divorce for her birthday was also taken back by the bank. Which he bought back the very same week. Who and how can we get help, as we are not very clued up with this sort of things. We are also pensioners and cannot help her. Thank you for your time, and I hope yo can help us. Yvonne .  She is looking for work but because of her condition, she cannot find any.  Thank you so much!  [email protected]
Submitted: 5 years ago.
Category: South Africa Law
Expert:  Mike Otis replied 5 years ago.
Welcome, and thank you for your question.

Do you perhaps know whether the divorce order has already been granted by the court, or is the process still pending?

Yours faithfully,
Customer: replied 5 years ago.


It has already been granted.

Expert:  Mike Otis replied 5 years ago.
If your daughter signed the documents while she was unable to understand the nature and consequences of the documents, she cannot be held to them and they would be void.

Your daughter's recourse would be to bring an application to the high court for an amendment of the divorce settlement. Unfortunately, your daughter will have to find legal representation if she wants to pursue this matter with any hope of success. If she cannot find a private attorney who is willing to help her, she could try Legal Aid South Africa.

Yours faithfully,
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