Advies vir binnegemeenskap van goedere egskeiding. Waarop is die vrou en kind geregtig?Ons het besluit ons deel alles 50/50. Wat is my regte ten opsigte van sy pensioen en werks voordele? Ons was 17 jr getroud. Ek werk al 14 jr het geen pensioen maar wel anuteit en lewenspolis. Hy het nog altyd pensioene en annuteit met lewenspolis. Waarop is ek geregtig? Ek wil ook weet waarna moet ek kyk met die verdeling van bates as ons 50 /50 split en wat kom ons kind alles toe?
Agreed on 50/50 split before seeing attorney and arangements with regards XX XXX - divorce
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?
Thank you. Not a problem to use english. What type of information do you require?
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.
Thank you. Do we need to put all our debt together and split in 50/50? We agreed on kid stay with me and share custody. We agreed to sell our house that is in both of our names. If I found a place to stay before the house is sold can I move out with my kid as she will stay mainly with me. I want to create an stable house environment for my kid as she start grade 1 next year. He found out that I will not be able to stay on the medical aid after the divorce as he is the main income earner between the two of us can I ask for medical support for at least two years? In the years together we shared our income and therefore me just hqving an anuity so that my monthly earnigs after tax can be more. Therefore I do not have pensionfund but he have both? Am I only entiteld to claim for the years married? I really do not want to claim the impossible or to create my childs support in future.
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,
B.Com LLB Registered Corporate lawywer
Thank you. We sit tomorrow and if there is any questions I will contact you. Thanks.
You are most welcome.
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