Good day, I am in the early stages of di...

Asked by Liza on 12-08-2024 15:14:51
Question posted in the Divorce Law category relating to Gauteng

Good day, 

I am in the early stages of divorce. My spouse is resident in the UK and I returned home to SA with our 8yr old daughter in February 2024. My son is 13 and currently chooses to remain living with his father. We are married out of community without accrual (spouse was previously married).  I left the marriage due to emotional and verbal abuse. 

I have been provided with a Deed of Settlement which I am being pushed to sign, wherein no allowance is made for my contributions during the marriage and looking after the children. The property and all vehicles are in the plaintiff's name and remain his. I have just started a new job and I am currenty on a lower salary, so unable to afford attorney fees. 

I did instruct a local attorney who offered a free initial consultation and provided him with my ANC and copy of the Deed of Settlement. I didn't receive any guidance on responding to the other side's attorneys and he simply forwarded on my comments made on the copy of the Deed of Settlement (which were initially for discussion and advice) and the provided me with an invoice of just under R4000 for the perusal of documents and correspondence. I cancelled this instruction as I simply cannot afford to pay those fees going forward and not even get any advice to assist in this emotionally distressing time. 

I understand that I can apply for rehabilitative maintenance. I just need guidance on how to approach this process and reply to the other side's attorneys please as the plaintiff is quite aggresive and direct communication is not an option. 

I also understand that the plaintiff may not have jurisdiction to serve me with a summons as he resides in UK?

Thank you

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