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Ask Barend B. Your Own Question
Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1350
Experience:  BLC LLB (Pret) LLM (Augsburg)
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I was married for 3 years and have now been separated for 2

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I was married for 3 years and have now been separated for 2 years. Both of us are in our early 30s and we have no children. My 'ex'-wife agreed to the divorce 2 years ago but keeps on upping her settlement terms. We were married ANC with accrual. At the time of separation we had few assets and my business was struggling. During the past 2 years of separation my business has grown, but so have my wife's settlement demands as she sees this growth. Mediation or negotiation has not worked. Can she continue to escalate her settlement claim? Is the only answer to go to trial?
Good morning,

If she is continuing to increase her demands, then the only recourse is to set the matter down for trial. That may convince her to settle once and for all, especially if you or your lawyer just make her aware that a full blown divorce trial would diminish both estates substantially, and the only winner will be the lawyers.

Regards,
BB
Barend B. and other South Africa Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you Barend. The correlated question is that given the South African legal system does not see separation as being a recognition of a formal break down of the marriage (and hence date of separation), but only divorce (thus date of divorce), does the accrual system continue to have effect even though you are no longer living together? Will the court recognize the fact that you have not had a marriage relationship since separation and that any assets built up by either spouse during this period should not be taken into account for settlement purposes?