Asked by Marlon on 10-01-2022 09:31:19
Question posted in the Divorce Law category relating to Gauteng
What are the legal implications when a plaintif knowingly withdraws pension before the settlement of a divorce and the couple are married in COP. Couple was also on debt review and the plaintif advised that the pension was withdrawn to pay her debt and not that of the defendent.
Answer to the Question
Posted by Att. Patrick on 13-01-2022 10:43:47
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, even if it is R150 or R200.
I don't think much, because you're married in COP, so the debt is joint debt. The fact that the plaintiff used the pension to pay her debt, reduces the overall debt in the marriage, which helps both parties.
Please remember this is a dialog if you have follow-up questions please make the required deposit, 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 deposits for their questions - they get serviced first!
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.