My dad 62yrs old told my mother 59 on We...

Asked by CharmaineG on 30-04-2016 17:03:51
Question posted in the Family Law category relating to Western Cape
Question value: R 200.00

My dad (62yrs old) told my mother (59) on Wednesday, that he wants a divorce and marry someone else. I told him yesterday that he must move out, no need to keep my mother on a syring. Today he made three trips and took some if his stuff etc. clothes, alcohol. He wants to make two additional trips on Sunday and Monday.
What is the way forward now? They were married COP, from what I can figure out.
Should my mom allow him another trip to fetch stuff? Can she change the house locks?
Should she wait for divorce papers from him?
What preparation can she do financially? She can't find any documents pertaining to them.
He wants to take her off his medical aid, what can she do? She's almost 60, can she get medical aid.
He want's to sell house which is in both their names and buy her another house. What if he can't afford to pay house.
Is she entitled to half his pension?
Last year he inherited money from my gran that passed away, is she entitled to that money?
Any additional tips I can give my mother with regards to the divorce?

I don't want my mother to make a bad choice and end up regretting it or end up sitting on the street. She doesn't deserve it.

Thank you

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Answer to the Question

Posted by Att. Patrick on 30-04-2016 18:55:26
Hi there and thank you for your question,

I'm really sorry to hear about your father and his "mid-life crisis".

Your mom should allow him another 2 trips to come and fetch his stuff. Just ensure that it is really his personal stuff, and not all of the expensive stuff that they own jointly. e.g. He should not be allowed to collect expensive paintings, etc.

Once he has done his trips, and has officially moved out, then YES, she can change the locks. There is nothing wrong with that, especially if he has moved out on his own accord.

Yes, she should just wait for the divorce summons. She should however be aware that if they are married IN community of property, then your father could spend the next year or so spending their joint estate on his new girlfriend or holidays or rent for a flat or a new car, etc, etc! I've seen many people become ruined because before the split the couple spends roughly R10,000 per month on expenses, and then when the husband finds a girlfriend and moves out he ends up blowing R30,000 per month!

And your mom needs to remember that the joint estate ONLY gets split in half on the date of divorce. So the quicker the divorce, the quicker your mom will be able to "secure" her 50% of the estate.

She can start getting as much information together as possible in relation to retirement annuity funds, bank statements, investment accounts, insurance policies, etc. She will need all of those in the future if the divorce becomes litigeous.

He can't take her off his medical aid. If he does, I would suggest that your mom issues a summons for a divorce and (with the help of an attorney) institutes a rule 43 application which will essentially guarantee her monthly support until the date of divorce. e.g. bond payments, spending money, food, medical aid, etc.

Yes, she is entitled to 50% of his pension - and you should ensure that the divorce agreement / court order makes specific provision for that.

Realistically they will need to sell the "big house" and buy two smaller houses. That's reality. As part of the divorce provision will need to be made for both parties. The man and the woman, and if this means that the house needs to be sold and two smaller houses bought, that will need to happen.

No, she is not entitled to any of the inherited money. Sorry. The law is quite clear on that.

Tips? Get all of her financial information together! Now, so that when the parties argue in court about how much money there is she can prove it!

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

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