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Christiaan K
Christiaan K,
Category: South Africa Law
Satisfied Customers: 134
Experience:  Attorney & Director at Lombard Kotze Incorporated
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I just found out that my husband is having an affair. I had

Customer Question

Good day
I just found out that my husband is having an affair. I had been suspecting for quiet some time. Apparently he wants to marry this other woman as a second wife. He has two children with different mothers while we are still married. I have been supporting those kids. He has abused me physically, emotionally and financially. We have a company i have 50% shares. We have more than 15 cars and 5 houses. We also have a son and i am expecting his child. What are my chances of winning everything? I have left my work to help him in the company. We are currently working together.
Submitted: 1 month ago.
Category: South Africa Law
Expert:  Christiaan K replied 1 month ago.

Good day

My name is ***** ***** I will assist you in answering your question today so please feel free to ask as many follow-up questions as you like until you are satisfied that I have answered your question.

Unfortunately, the law does not work like that (in SA at least). There is absolutely no chanse whatsoever that you will be awarded all the assets in a divorce trial leaving your husband with nothing, no matter how bad he treated you or behaved during tha marriage.

You are automatically entitled to 50% of the company and depending on the matrominial property regime you might be entitled to half of the assets of the joint estate.

For your children you can also claim maintenance and if you are entitled to maintenance yourself, you can claim that to. If however the estate is big enough for you and him to live comfortably without needing maintenance from each other (for yourselves) then you will only be able to claim maintenance for the children.

I trust that this answered yourquestion.

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Kind regards

Customer: replied 1 month ago.
Thank you Chris. But if I have to proof that he has been misusing our funds while I was busy trying to build the company? What are the chances of me getting more than 50%? I certainly deserve more than that.
Expert:  Christiaan K replied 1 month ago.

Any claim, sound in law that you might have against him will be enforceable. You should however distinguish any claim based on whatever cause of action with claims based on divorce and the division of assets in the divorce.

For instance, if you have a claim of theft or defamation or damages caused by assault on you against your husband, those claims can be pursued independently of the divorce. You can proceed with those claims as well.

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Customer: replied 1 month ago.
He used our money to send this girl to school without my knowledge.
Expert:  Christiaan K replied 1 month ago.

Then you might be able to claim back half of this sinsehe is entitled to half of the money himself.