Asked by the Customer on 03-02-2015 13:16:29
Question posted in the Divorce Law category relating to Mpumalanga
Question posted in the Divorce Law category relating to Mpumalanga
Hi,
My husband and I went for 18 months and our marriage fell apart. I fell pegnant in February 2014 and thereafter could not continue with the marriage as it became unbearable. I tried many attempts to reconcile and he was not interested. I saw a lawyer in May 2014 and June 2014 handed my husband a divorce settlement. I have in his own handwriting the parts he agreed to and the parts he did not. He was misinformed by a third party that I was in a relationship with another woman and that i was planning to move in with her (which was not the case) and he tried to take my daughter away from me. He then retracted the letter after we saw a child psychologist. As it currently stands:
We one a property together that he still stays in and pays the bond - he wanted to keep the house - in agreement.
I moved out in June 2014 and have been paying rent and expenses on my own
He has not paid maintenance for Katy (1st child) since June 2014. Started paying school fees from September 2014
Katy spends equal time with us(temporary arrangement until divorce finalised)
Emily was born 10th Oct 2014 and until today he has not paid any maintenance. He started paying school fees January 2015. She lives with me permanently
I pay for the medical aid and all medical expenses for Katy and Emily
He used to pay my car insurance and when i moved out he cancelled that
I have asked him to help with clothes for Katy and formula for Emily which he has refused. Last time he helped with formula for Emily was middle of December 2014 - 2 tins.
He is refusing to sign the divorce papers
My lawyer has taken R5750.00 from me and will not do anything further until I pay more money. They were able to have a summons issued and that is all.
I have had to take on a room mate to help with rent and food in order to provide a suitable home for my daughters.
Please can you help me - what can I do?
My husband and I went for 18 months and our marriage fell apart. I fell pegnant in February 2014 and thereafter could not continue with the marriage as it became unbearable. I tried many attempts to reconcile and he was not interested. I saw a lawyer in May 2014 and June 2014 handed my husband a divorce settlement. I have in his own handwriting the parts he agreed to and the parts he did not. He was misinformed by a third party that I was in a relationship with another woman and that i was planning to move in with her (which was not the case) and he tried to take my daughter away from me. He then retracted the letter after we saw a child psychologist. As it currently stands:
We one a property together that he still stays in and pays the bond - he wanted to keep the house - in agreement.
I moved out in June 2014 and have been paying rent and expenses on my own
He has not paid maintenance for Katy (1st child) since June 2014. Started paying school fees from September 2014
Katy spends equal time with us(temporary arrangement until divorce finalised)
Emily was born 10th Oct 2014 and until today he has not paid any maintenance. He started paying school fees January 2015. She lives with me permanently
I pay for the medical aid and all medical expenses for Katy and Emily
He used to pay my car insurance and when i moved out he cancelled that
I have asked him to help with clothes for Katy and formula for Emily which he has refused. Last time he helped with formula for Emily was middle of December 2014 - 2 tins.
He is refusing to sign the divorce papers
My lawyer has taken R5750.00 from me and will not do anything further until I pay more money. They were able to have a summons issued and that is all.
I have had to take on a room mate to help with rent and food in order to provide a suitable home for my daughters.
Please can you help me - what can I do?
Message from the Attorney
Posted by Att. Patrick on 03-02-2015 15:33:01
Hi there Kirsty and thank you for your question,
First, I'm very sorry to hear all of the troubles that you are going through. A divorce (especially with children) can be very tough and difficult.
There is unfortunately no obligation on your husband to sign the divorce papers. There is also not a lot you can do with the letter that he wrote detailing the parts that he agreed to and the parts that he did not - a court won't place any weighting on that.
As you have already issued a summons, you are entitled to approach the maintenance court to order that your husband pays you maintenance for you and your children from the date of summons to the date of final divorce. This is something that you can do yourself without the need to see an attorney, or pay an attorney. You can do this at the Clerk's offices at the court where the summons was issued out of. If you don't want to do this yourself, then you will need to hire an attorney to assist you with it!
If the summons was issued out of the high court, then you could try move the summons to the Regional Magistrates Court. That would assist with costs and speed up the process somewhat!
Costs of roughly R5750 to consult and issue a divorce summons can be quite reasonable given the circumstances. If you went to a smaller firm of attorneys they might charge an hourly rate of R800, if you went to a bigger firm it could be R4000 per hour! It is unfortunately in the attorney's rights NOT to do any more work unless you give him a deposit. If you don't like this, then you should ask the Law Society to refer you to an attorney who can assist you at a cheaper rate.
My advice is to push the maintenance issue. You are also entitled to a contribution from your husband for your legal fees for the divorce. Ask your attorney about that! Basically, make your husband PAY until the divorce is finalised - then you'll see him pushing to finalise the divorce quickly!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
First, I'm very sorry to hear all of the troubles that you are going through. A divorce (especially with children) can be very tough and difficult.
There is unfortunately no obligation on your husband to sign the divorce papers. There is also not a lot you can do with the letter that he wrote detailing the parts that he agreed to and the parts that he did not - a court won't place any weighting on that.
As you have already issued a summons, you are entitled to approach the maintenance court to order that your husband pays you maintenance for you and your children from the date of summons to the date of final divorce. This is something that you can do yourself without the need to see an attorney, or pay an attorney. You can do this at the Clerk's offices at the court where the summons was issued out of. If you don't want to do this yourself, then you will need to hire an attorney to assist you with it!
If the summons was issued out of the high court, then you could try move the summons to the Regional Magistrates Court. That would assist with costs and speed up the process somewhat!
Costs of roughly R5750 to consult and issue a divorce summons can be quite reasonable given the circumstances. If you went to a smaller firm of attorneys they might charge an hourly rate of R800, if you went to a bigger firm it could be R4000 per hour! It is unfortunately in the attorney's rights NOT to do any more work unless you give him a deposit. If you don't like this, then you should ask the Law Society to refer you to an attorney who can assist you at a cheaper rate.
My advice is to push the maintenance issue. You are also entitled to a contribution from your husband for your legal fees for the divorce. Ask your attorney about that! Basically, make your husband PAY until the divorce is finalised - then you'll see him pushing to finalise the divorce quickly!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
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