Welcome, thank you for the opportunity to address your question.Would you mind if I addressed you in English; you are welcome to use Afrikaans?
In a community of property marriage, in accordance with the clean break principle, you are entitled to half of your spouses retirement pension, annuity and redemption value of a life insurance policy. Your spouse is likewise entitled to half of your annuities. In your divorce order, the assurance company can be instructed to divide the pension or annuity value and transfer it into a separate fund or pay it out depending on the fund conditions.
It is always a good idea to have any collectibles and art valued as the market value on theses items can fluctuate. Often spouses place a value on household furnishings higher than the actual value in the secondhand market and the spouse who retains the household can be severely prejudiced.
In reaching a maintenance agreement in respect of children, the following items need to be taken into account:
Once you have calculated the maintenance cost of the child, such cost would need to be split between the spouses in relation to their earnings.
Be very thorough when listing all the expenses, go through your bank statements to make sure things are not being left off the list as it is the small irregular costs that can over time erode your living standard.
I trust that the legal information provided is helpful in assessing your position going forward. I am always happy to clarify any aspect of the answer provided should you so require. Feedback and a rating of my answer will be greatly appreciated as experts are only paid on answers positively rated by our clients.
The debt need to be deducted from the total asset value in order to determine the net value of your joint estate to be split. Remember that you would be held jointly and severally responsible for all debts of the joint estate in that should your spouse not pay for debts he accepted responsibility for during the divorce, you would be held liable as a co-principal debtor. It is prudent to be allocated assets equivalent to the value of any debt for which you accept responsibility for in terms of the divorce order; such assets are over and above of your share of the net assets value of the joint estate. It is a good idea to have control over debts and to be allocated assets accordingly if one spouse is financially irresponsible as all too often responsibility for debts is split between the spouses yet one spouse by default ends up being sued for the other's lack of payments. The ex-spouse can sue each other for non-performance of obligations under the divorce order, but often this is of little comfort where one spouse has nothing.
Regarding moving out early to other accommodation; it would need to be justifiable in terms of your duty to reduce costs or damages to the joint estate but also in pursuit of the best interests of the child which are paramount. In my view you could justify relocating earlier in the child's best interest.
Spousal support or maintenance is only ordered where a spouse is not self-supporting and often for a limited period to enable retraining and returning into the workforce. If you spouse agrees to medical support for you it would be great but do not count on it. Your daughter should be allowed to remain on the medical aid.
Regarding your portion of pension benefits, provided none of the pension benefits have been allocated to a previous spouse, you are entitled to half of the entire pension and annuity funds irrespective of when they were acquired as on the date of marriage you became joint owner of all benefits.
It is very wise to mutually agree on the split of the matrimonial property and obligations, as you have indicated, as far too often fighting and litigation can destroy a large portion of the estate upon which the child will depend.
I trust that the legal information provided is helpful in assessing your position going forward. I am always happy to clarify any aspect of the answer provided should you so require. Feedback and a rating of my answer will be greatly appreciated as experts are only paid on answers positively rated by our clients.Best regards,
You are most welcome.
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