Good Afternoon,My husband and I got marr...

Asked by Just me on 12-07-2021 13:47:35
Question posted in the Divorce Law category relating to Gauteng

Good Afternoon,

My husband and I got married ten years ago (both second marraiges) we got married in church and the minister did give us a marraige certificate stating that he will submit all the necessary documentation to home affairs, the piece of paper he gave is is all that we need. Now about a year ago we found out that according to Home Affairs both of our statusses is still divorced, meaning that he never submitted the documentation, we have in the meantime moved away and I cant get hold of him.

I have a question though, we are suppose to have been married ANC With accrual.  When we got married I had my own car, he had a company vehicle. Due to unforceen circumstances I had to sell my vehicle to save the situation. I managed to buy a smaller cheaper car with the balances.

However he lost his job a few years ago and I had to sell my car again, not being able to purchase a new one, but shortly thereafter i received an inheritance and was able to purchase a vehicle again, which one again had to be sold as he was unemployed for more that a year. All and all I had to sell 6 vehicles in the 10 years. He took the company that he worked for to the CCMA and was granted a claim of R30 000 which should be paying out within the next 6 weeks when he is planning on puchasing a vehicle (we do not have one presently.  We have not reached a stage that I am seriously considering leaving but can obviously not divorce him because according to home affairs I am not married to him. He only earns R3500 per months. Can i wait until he purchase the vehicle and then claim the vehicle and leave

Answer to the Question

Posted by Att. Patrick on 14-07-2021 09:32:02

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.

If you signed an ANC before you were married, then you could change the default marriage position. If you did NOT sign an ANC, then you are automatically married in community of property. 

Home Affair's records are just a record of the situation. If you were married, and you signed a marriage register, then you are married. Home Affairs just need to update their records. 

If Home Affair's records say that you are not married, it does not mean that you are not married.

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

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.