Dear SirPlease can you assist with some ...

Asked by Selvan on 29-07-2020 08:26:40
Question posted in the Divorce Law category relating to KwaZulu-Natal

Dear Sir

Please can you assist with some legal advice concerning matter below.

A close friend of mine being a female filed for a divorce by herself through the regional court. She has moved out of the living residence owned by her and husband. , currently residing in her family home.She stated in her agreement that she just wants a settlement of R300k taking into consideration her husbands financial woes and forfeiture of any other claims towards the assets. Her husband was served with summons and subsequently missed the cut off date to indicate his defence of the matter which is due to be heard on 30/07/2020

However her husband has now offered to settle with an amount of R100k , 24hrs before court hearing. The property value is around R1.2million.

a)She was advised that her husband ins debt of R700k and in order for her to paid her initial claim of R300k , will result in:

1.The property being liquidated with possibly little recovery to the value of property due to the economic situation

2.Her husband will be debt free

3.Her 3 children will be homeless with future resentment towards her.

4.She could end up with nothing.

b) If she accepts the R100k settlement :

1.Her  husband will keep the property and still be in debt.

2.Her children will have a home.

Please advise what are her options. Can she agree to be paid her initial claim of R300k with monthly instalments through her husbands minibus businesses/income ?

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


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA 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 SA 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.