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My husband and I got married in August of this year. It is…

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My husband and I got...
My husband and I got married in August of this year. It is purely ANC with nothing else.
I live in his house. He will often get drunk and kick me out. I have nowhere else to go when he does this. So far, I have slept in my car (putting me in possible danger because I park on the side of random roads) until he says I can come back.
Can he do this? Can I put some kind of legal contract in place so that he can't in future?
Submitted: 9 months ago.Category: South Africa Law
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Answered in 3 minutes by:
11/9/2017
Lawyer: CaseLaw, Attorney replied 9 months ago
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,710
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

In short, no, there is no legal contract that you can put in place to ensure that he doesn't do this again. There is however a moral obligation that he has to look after you, until death parts you. It sounds as if he needs professional help with his drinking. This is not healthy, the fact that you only got married in August and he is already abusing you. You guys need to go see your Minister or social worker or something.

Otherwise, if you want to get serious, you must report the matter to the police.

You can also get a Domestic Violence Protection Order from the police. That is basically a court order which will make it illegal for him to kick you out of the house! Maybe that?

But, the above advice won't make the situation "better". It really is the start to divorce!

If you feel threatened, you need to talk to somebody about it, or you need to report the matter to the police. You can't just sit back and do nothing. Please, don't do nothing!

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

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Lawyer: CaseLaw, Attorney replied 9 months ago

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me by clicking on the star / smiley face rating system!

Regards

CaseLaw

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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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