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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2461
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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I am looking divorce lawyer I've been married over a year

Customer Question

Hi Pearl, I am looking for a divorce lawyer I've been married for just over a year now and things are just not working out. We married in COP but he says his taking everything cause his been paying for most of the assets.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Sorry Regards Terri
JA: Have you consulted a lawyer yet?
Customer: not yet, I've gotten advise from clientele legal but they couldn't help me much.
JA: Is there anything else important you think the Lawyer should know?
Customer: His basically been working out of the country for 3 years and I'm at a point where i am on Antidepressants because I can't handle the pleasure. His family or should I say his mother has been the biggest problem in our marriage and he does not see her wrongs.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 5 months ago.

Good morning Terri,

Thank you for your question. I will try to assist you in answering i today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

If you are married in community of property, then you are entitled to 50% of the joint estate - in other words, everything that you and your husband own, is split 50/50 - it is irrelevant who paid for what.

You should get the assistance of an attorney in your area - you can find one that specialises in divorce and family law on www.attorneys.co.za.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

Customer: replied 5 months ago.
Hi FreddieDoes it matter how many years we married, We bought the house before we got married and one car we obtained everything else while we were married. We married for just over a year now, and he reminds me of everything that he owns. Maintenance his been maintaining me for a very long time and recently he stopped. Would he be able to maintain me for a while till i get back on my feet. The company i work for is currently retrenching people so I might be unemployed. Does all debt and money also get split between the two of us?Regards
Terri
Expert:  Freddie Lombard replied 5 months ago.

The moment you got married in community of property, that very moment, in the eyes of the law, you ceased to have an estate of your own. Everything that you owned, all your debt at that point and everything that your husband owned and all his debt at that point became part of your joint estate - in other words you were in it 50/50 - undivided.

It does not matter how big his estate was before you got married, the moment you got married, you became owner of 50% of everything he owned. If that was not what he wanted, or intended to happen, he should have signed an ante-nuptial contract before marrying.

In terms of the Divorce Act, a spouse to a marriage could claim forfeiture of the benefits of the marriage (this means your husband can claim that you must forfeit any benefit from the marriage ie. your claim to 50% of the assets) , and the Court will then consider the following:

- Duration of marriage;
- The circumstances which gave rise to the breakdown
- The substantial misconduct on the part of the other spouse

This however, is something that he has to specifically claim and he will have to give reasons why he will be entitled to such relief and he will have to prove such a claim.

You do not have an automatic right to spousal maintenance, but it is something that you can claim. Once again, this is a claim you have to prove. You will have to prove that you have a maintenance need, and that your husband has a responsibility to pay maintenance and that he has the ability to pay it.

If you need more information on this topic please feel free to ask more at no extra cost.

If you are satisfied that I answered your question correctly, please give this service a positive rating.

Regards

Expert:  Freddie Lombard replied 5 months ago.

Hi there,

I have noticed that you have not yet rated my service and consequently I am not sure if you still need help from me or if you are satisfied.

Please rate my service positively if you are satisfied.

Kind regards