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Ask Mike Otis Your Own Question
Mike Otis
Mike Otis, Legal Advisor
Category: South Africa Law
Satisfied Customers: 2161
Experience:  B.Comm; LL.B; LL.M.
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Mike, I was divorced in 2011, uncontested by consent paper.

Customer Question

Hi Mike, I was divorced in 2011, uncontested by consent paper. We were married under accrual and at the time of divorce my ex husband
declared that he had accrued no assets and no accrual was awarded. He was and is however a government employee with a pension GEFP. With the clean break principle applied to the GEPF from 2012, I would like to know if I would have a claim against his pension. We were married 15 years, I have no pension, he has worked for the government
for 18 years. Thank you Corne
Submitted: 2 years ago.
Category: South Africa Law
Expert:  Mike Otis replied 2 years ago.
Welcome, and thank you for your question.
In light of the fact that you were married out of community of property you would not have a direct claim to an interest in your ex-husband's pension fund. However, one will have to look at the wording of the consent paper and whether or not your husband misrepresented his financial status during the negotiations.
If so, it may be that the value of his estate did increase during the course of the marriage and you would then have a claim equal to half of the difference between the increase in value of your respective estates (if his increased by more than yours). It must be borne in mind that any such claim would be a monetary claim and not for any interest in his pension fund or any other particular asset in his estate.
Yours faithfully
Customer: replied 2 years ago.
Thank you.
Expert:  Mike Otis replied 2 years ago.
It's a pleasure. Please let me know if I can be of further assistance.