Im considering getting a divorce from my...

Asked by Frikkie on 01-07-2022 15:31:52
Question posted in the Family Law category relating to Northern Cape

Im considering getting a divorce from my wife, we have two children, 1 and 3 years old.

I own a few businesses via a trust and my wife is a stay at home mother who gets a salary from one of my companies.

We are married Out of comm of property, with an accrual.

My net worth has increaed with about 1,5 million since we got married, I own our house and pay for everything, cars, nannies , all expenses etc. My wife ears R12 000 pm from me. I earn about R70 000 on my salary.

I would want to know the probable outcome of a divorce in the following ways.

Can we split custody of our kids-  my top priority, I am a very present fatherHow much would i probably have to pay her as a lumpsumhow much would i have to pay her monthlywill i have to ensure she has a property or a housewhat is the eventual most probable end to this

No one has been unfaithful, we have basicly fell out of love and I do not want to continue the marriage.

Message from the Lawyer

Posted by Att. Patrick on 01-07-2022 16:36:26

Hi there, 

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

If you are married out of community of property with the accrual, then she is basically entitled to 50% of the increase in your estate. So that would be +- R750k as a lump sum capital payment. 

Regarding her personal maintenance, because she is employed (leave out that she is working for your company) you might not need to pay her personal maintenance at all.  There is nothing stopping her from getting another job, earning more, if she wants. If she is young, and employable, then she must work. She can't expect you to maintain her forever. You could offer her maintenance for 6 months or 12 months, until such time as she finds a better paying job. But the amount would depend on what she actually needs, and what she can provide for herself. 

Regarding maintenance for your kids, that's going to be the big one! You both have an obligation to maintain them. This obviously depends on how much each person can afford to pay. There would be a primary caregiver (your wife - because the kids are young) and she would have them most of the time. Let's say 5 days a week. You would probably have them 2 days a week. This could change; I'm just using an example. You would then contribute towards their maintenance needs, in an equitable way with your wife. (not equal - as in 50/50; but equitable - taking into account your ability to pay maintenance).

The first test is how much maintenance they need. The second test is what each of you can actually afford to contribute.

She would need to move out and into a flat / house which she can afford. You might want to assist her with this, over and above any capital payment, simply because that's where your kids will live! So you would want them to be safe and you would want them to be in a secure house with decent facilities. 

Att. Patrick

Message from the client

is there any way a 5050 split can be reached wrt the kids? 2 days with me, 2days with her type of scenario?

not worried about the payments, just would want my kids with me more than 2 days a week.

Message from the Lawyer

Posted by Att. Patrick on 05-07-2022 14:47:27

is there any way a 5050 split can be reached wrt the kids? 2 days with me, 2days with her type of scenario? --> Yes, definitely. If that's what is agreed between the parties, then it is fine. However if there is a dispute, then the magistrate will need to make a decision. Also, if the kids are young, the magistrate will say that it is in the kid's best interests to have "a home" where they spend most of their time. The reason for this is to give them security. 

Perhaps Mon - Thursday with 1 parent, and then Thursday to Sunday with the other? Or, one week one parent, the next week the other parent?

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