Question posted in the Divorce Law category relating to KwaZulu-Natal
Question value: R 450.00
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 ?