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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1334
Experience:  BLC LLB (Pret) LLM (Augsburg)
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Hi My wife wants a divorce, but I do not. We are married in

Customer Question

My wife wants a divorce, but I do not. We are married in communion of property. We have house and car together, one is paid in full.
What do I do, what is the way forward
Submitted: 3 years ago.
Category: South Africa Law
Expert:  WCLawyer replied 3 years ago.
Good day.

Unfortunately, all that a party needs to prove in order to be granted a divorce is that the marriage has broken down irretrievably. A court will not force a party to remain married if he/she does not wish to be married, so whether the marriage is broken down irretrievably is a subjective test, meaning, does this person believe that the marriage cannot be saved. Unfortunately, it only takes one person in a marriage to feel that way for a divorce to be granted. It would therefore not serve you at all to contest this divorce on the basis that the marriage can be saved.

I am not sure what else you would like advice on, so feel free to ask follow up questions at no extra cost.
Customer: replied 3 years ago.
Let say it goes forward what happens with the house and the car, who shares in the payments, surely I cannot do this alone, we are after all married in communion of property, she co signed with me on everything. Luckily we do not kids
Expert:  WCLawyer replied 3 years ago.
Does she make a contribution towards the bond at the moment? Is she going to move out or are you? I assume that, ideally, you would like to keep the house?
Customer: replied 3 years ago.
Yes she does contribute to the payments, no she wants to move out
Expert:  WCLawyer replied 3 years ago.
Would you want to be the sole owner of the house and would she be amenable to it?