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I just found out that my husband is having an affair. I had…

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Good day I just found out...
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: 11 months ago.Category: South Africa Law
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Answered in 1 hour by:
9/12/2017
Lawyer: Christiaan K,
 replied 11 months ago
Christiaan K
Category: South Africa Law
Satisfied Customers: 228
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified

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.

Please be so kind as to rate my service by clicking on the relevant stars or smiley faces. If you do not rate my service, 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.

Kind regards

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Customer reply replied 11 months 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.
Lawyer: Christiaan K,
 replied 11 months 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.

Please remember to rate my service.

Regards

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Customer reply replied 11 months ago
He used our money to send this girl to school without my knowledge.
Lawyer: Christiaan K,
 replied 11 months ago

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

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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