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South Africa Law

My son has been employed for 18 years and contributed to his

Customer Question
own pension fund for 18...
My son has been employed for 18 years and contributed to his own pension fund for 18 years. He was married 7 years ago and now divirced. In the divorce settlement his ex wife was awarder 50% 0f his full pension accrued over 18 years. We feel she is only entitled to 50% of the pension accrued over the 7 years they were married. What is the correct legal
situation, please?
Hennie vd Berg [email protected]
Submitted: 7 years ago.Category: South Africa Law
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Answered in 2 minutes by:
7/6/2010
Lawyer: JP, Attorney replied 7 years ago
JP
JP, Attorney
Category: South Africa Law
Satisfied Customers: 1,063
Experience: General South African Law.
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Is the deed of settlement already signed?

 

Were they married in community of property?

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Customer reply replied 7 years ago

Yes the deed of settlement was signed in 2009 during the divorce proceedings.

They were married out of community of property but with the usual accrual clause included.

We only now that she is again suing for full custody of the children, re-assessing the situation. The custody of the children was settled at 50/50

Lawyer: JP, Attorney replied 7 years ago

Thank you for the info Sir!

 

As the deed of settlement has been signed by both parties this constitutes a legal binding agreement between your son and his ex wife making the "correct legal situation" irrelevant. This split should have been negotiated before settlement as you are quite correct that 50% could not have been the amount that should have "accrued" to her.

 

However in many instances with marriages with the accrual there is no cash available to actually pay out the other party so us as attorneys utilize the funds from the pension to settle the case as it is in any case due and payable.

 

 

Kindly accept my answer by clicking on the accept!

 

Kind Regards

JP

Attorney

Terms and Conditions: By your continuing in this conversation with me, or by your clicking "Accept", you are expressly agreeing to all of the following: (1) our communication is for general information purposes only and to assist you to discuss legal matters with your attorney in person; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but is made as compensation for the obtaining as general legal information for further discussion with your attorney .If you do not agree with these terms and conditions, then you must advise me immediately.

JP
JP, Attorney
Category: South Africa Law
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Experience: General South African Law.
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Lawyer: JP, Attorney replied 7 years ago

Could i clarify anything else for you before you are prepared to accept?

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