Question posted in the Divorce Law category relating to KwaZulu-Natal
i require legal advice. a summons has been sent for divorce.
couple has been together for about 20 years, 4 children. the husband was supporting the family for most of the relationship, but lost his job about 18 months ago. now the wife has filed for divorce. the property they are staying in, they are renting but the lease is in the name of the husband only. would like to know if the property will be aprt of divorce proceedings, and can the husband keep renting the property, does the court decideds who rents the property.....
with regards to pension - wife has requested 50% of husband pension. is is possible for husband to offer less of the pension as he was supporting her throughout the marriage - she is currently employed
can the husband request 50% of her provident - pension?
Answer to the Question
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Only assets which are owned by the couple will be part of the divorce proceedings. Not a flat which is being rented. The court won't decide anything in relation to the flat. Yes, the husband can continue renting it.
Regarding the pension - it depends how the couple is married.
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