Hi,I'm having a problems regarding my di...

Asked by Anonymous on 28-10-2019 17:34:11
Question posted in the Divorce Law category relating to Gauteng

Hi,I'm having a problems regarding my divorce which was handled in 2014.Kempton Park regional court. In 2018 I've terminated my duty due to illnesses and then I was requested to submit relevant documents.(divorce papers).With my arrival at the coourt,clerk of the court came with my file without any problems and issued me with the deeds of settlement and I submitted at work as requested. I noticed that I was supposed to claim immediately after the divorce. I went to court on 2019 April to request again for an original certified deed of settlement, this time was different, my file was consists of three deed of settlement instead of one.

I was informed to contact the plaintiff so that she must come in to court and state which one is the correct deed of settlement. We appeared in court in 11/10/2019.She handed over the addendum which was drafted by her without my knowledge. The addendum was specifically for the immoveable property, the magistrate ruled that addendum as unlawful because other pages were not signed by me and her,the last page was my signature which she obtained through false information, signed on 2016 at Boksburg Gauteng instead of Olifantsfontein 91 Peace street ekhuruleni Gauteng.The addendum States that I should be paid the amount of +R6000.00 out of eight hundred thousands of rand(R800000.00)so I disagreed because I don't know how they got those calculation and included electricity, rates,waste removal and clothing.

The time I decided to separate from my wife I noticed that she was staying with tenants inside the house and the outside room.I've asked my son and my stepson who are this people, they simply answered by saying that they are tenants.

This year I attempted to claim my 50%from her pension fund,their administers(Alexander Forbes) send me the feedback about my claim because they wanted more ommtted information

She was called and she gave me the information but refuses to sign the amendment.

I went to court to enquire about this and the clerk of the court told that there is nothing to without her signature. Advise me this regard.

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.