My name is Phakama Katsere nee Lubelwana...

Asked by the Customer on 02-09-2019 13:16:05
Question posted in the Divorce Law category relating to Eastern Cape

My name is Phakama Katsere nee Lubelwana.

i have a problem where i am hoping that the legal clinic may be able to assist me. A friend of mine gave me your email adress to see if maybe your clinic can not assist me in below matter.

my husband and i got married in 2015, last year in Oct i received notice of divorce. i then consulated a lawyer (who is a family friend)he told me that he would file for intention to defend then he sent me documents, then we had not heard anything again since. i kept asking the lawyer of progress and he maintained that we are waiting for a date to sit down / set down date. then on friday, 5th of april 2019,  i receive a divorce decree that does not take inconsideration the prenup that we have in place. now i feel stuck cos no one told me about going to court or considered my rights. the house i live in with the kids is in his name, he had bought before we got married, now he has evicted us from the house.

the lawyer has subsequently sent me a withdrawal letter, i have going to court to try get some answers but have not been successful. was told that i need a lawyer to review my case, i can not just go and get the details of the file.next time i was told my file was not there. 

i have 2 kids which i had before marriage, the kids and i have been residing at the home since we got married .everytime i go to the clerk of the court i am told to get a lawyer and  i have been trying to get some laywers to help me but because i can not afford to pay the deposits no one is willing to assist.  

I dont know what to do, i even approached other lawyers to help me then i can pay in instalments / or when i get the settlement but no one is willing to do so. 

as per prenup , i am entitled to 50% of his pension accrual but the decree does not mention that.

i have never been so humilated and stuck as i feel now. please could you advise if i can apply for the decree to be amended . 

i have attached documentation for your attention.please could you advise what i can do in this matter.

Please i need help.

regards,

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