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
Question value: R 100.00

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.

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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.

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