Asked by the Customer on 07-04-2015 22:30:34
Question posted in the Divorce Law category relating to Western Cape
Question posted in the Divorce Law category relating to Western Cape
getting divorced in anc out of the acruel system. . . in a south african law system
Can i ask for a Peace Accordance? to Protect myself from further court and legal Issues?
and how so? will it protect me? Stand up in law? what relevance does this have on Our Divorce?
Can i ask for a Peace Accordance? to Protect myself from further court and legal Issues?
and how so? will it protect me? Stand up in law? what relevance does this have on Our Divorce?
Message from the Attorney
Posted by Att. Patrick on 08-04-2015 09:48:00
Hi there Richie and thank you for your question,
This is a further information request. Please continue in this same question conversation so that I can see your reply.
What do you understand by a Peace Accordance?
Are you already divorced, or are you still in the process of getting divorced?
What sort of litigation are you trying to protect yourself from?
Awaiting your further information.
Att. Patrick
This is a further information request. Please continue in this same question conversation so that I can see your reply.
What do you understand by a Peace Accordance?
Are you already divorced, or are you still in the process of getting divorced?
What sort of litigation are you trying to protect yourself from?
Awaiting your further information.
Att. Patrick
Message from the Customer
In the process of finalizing a divorce: but would like to include it within my divorce settlement, allergations that I've physically abused my partner, and I've got a protection order against her, I am going to be dropping it to move along with the divorce on neutral grounds, but need this clause to protect myself, so that she does,not lay further charges against me or likewise both parties, during and after divorce.
Message from the Customer
In the process of finalizing a divorce: but would like to include it within my divorce settlement, allergations that I've physically abused my partner, and I've got a protection order against her, I am going to be dropping it to move along with the divorce on neutral grounds, but need this clause to protect myself, so that she does,not lay further charges against me or likewise both parties, during and after divorce.
Message from the Attorney
Posted by Att. Patrick on 08-04-2015 15:10:27
Hi there and thank you for your question,
Okay, so in your divorce agreement you should include a paragraph similar to the following:
"It is hereby recorded that during the course of the marriage both Plaintiff and Defendant have made certain allegations pertaining to physical, verbal and/or mental abuse against the other party. In addition thereto, both of the parties have considered, applied for and/or obtained protection orders against the other party.
In order to finalise the divorce proceedings, and on a without prejudice basis, and for the sake of settling these proceedings, each of Plaintiff and Defendent hereby agrees to withdraw and/or cease any criminal and/or civil charges previously instituted against the other, and furthermore agrees to withdraw any/all protection orders previously obtained against the other party.
The parties record that neither party will proceed further against the other in respect of any existing allegations."
If you have an attorney, ask him/her to have a glance at that clause. If you don't, just make sure that you're both happy with the wording.
You should be aware that this clause WON'T necessarily stop your spouse (soon to be ex) from actually instituting further criminal charges against you, but it might assist him having the police (or the prosecutor) throw those charges out of court!
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.
Okay, so in your divorce agreement you should include a paragraph similar to the following:
"It is hereby recorded that during the course of the marriage both Plaintiff and Defendant have made certain allegations pertaining to physical, verbal and/or mental abuse against the other party. In addition thereto, both of the parties have considered, applied for and/or obtained protection orders against the other party.
In order to finalise the divorce proceedings, and on a without prejudice basis, and for the sake of settling these proceedings, each of Plaintiff and Defendent hereby agrees to withdraw and/or cease any criminal and/or civil charges previously instituted against the other, and furthermore agrees to withdraw any/all protection orders previously obtained against the other party.
The parties record that neither party will proceed further against the other in respect of any existing allegations."
If you have an attorney, ask him/her to have a glance at that clause. If you don't, just make sure that you're both happy with the wording.
You should be aware that this clause WON'T necessarily stop your spouse (soon to be ex) from actually instituting further criminal charges against you, but it might assist him having the police (or the prosecutor) throw those charges out of court!
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.
If you would like to view the entire answer, you will need to either login or register a FREE account.