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#745516 03/05/03 10:01 AM
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Muzohead, would like some insight into the dv rules in our country.

#745517 03/09/03 04:12 PM
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GinnyF:

Sorry! Been gone a while, and only looked at Page 2 this time....

Gimme an e-mail at

muzohead@xsinet.co.za

My divorce was relatively painless, since my ex & I drew up a consent paper, and we were married ANC without accrual.
ANC, or even Community of Property, is affected by how the accrual system was applied, or if your divorce is processed AFTER the laws on accrual of assets came into being (which is now, of course).

Exclusion of accrual, if not explicitly defined in the marriage contract, has to be proved by the defendant of the action. See a good attorney.

Also, the spouse is entitled to half, or portion of the breadwinner's PENSION fund, calculated at time of divorce. This is dependant on whether the spouse making the claim is gainfully employed or not, and whether or not the contribution toward the breadwinner's ability to earn the salary is disputed or not. This is mainly to protect women from becoming destitute who were homemakers supporting a husband's career/home, raising children, and so on...

Only a good attorney can properly advise. Otherwise, Legal Aid, or POWA or some other women's rights group can advise.

Hope this helps some...
muzohead

#745518 03/10/03 09:15 AM
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Hi Muzohead

Thanks for taking the time to respond.

I will e-mail you regarding my sitch and hopefully you will be able to give me some insight.

Already just by reading the abovementioned I have gained insight.


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