1. Must a divorce settlement signed by b...

Asked by tarynyoung on 04-09-2020 12:26:57
Question posted in the Divorce Law category relating to KwaZulu-Natal

1.  Must a divorce settlement signed by both parties, be made an order of court, for it to be legally binding. Ie if it was not made an order of court is it still legally binding?

2.  Are debts  incurred by a spouse after a divorce summons has been served, legally part of the financial estate of the other spouse.  Married with ANC - No community of property with accrual

3. Is a bank account operated and opened by one spouse as a business account where monies are paid and accessed seen as an asset or a liability in a divorce settlement.

Answer to the Question

Posted by Att. Patrick on 06-09-2020 17:12:36

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

Re 1) Yes.

Re 2) No, because you're married ANC no community of property. But it will impact on the calculation of the accrual.

Re 3) It depends if the business account is in your husband's name or the name of a company. 

Att. Patrick

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

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.