Divorce question

[blunomore]

A person has a right to claim maintenance. He/she may end up with an extra R100 or even have his/her application refused entirely. But it is still a right and cannot be waived.

Of course it can be waived. If we then agree to call it a right, please note that any right can be waived by the party involved.

[Fuma]

If you have a minor child and are married in COP get an attorney. Based on what I have read so far, your divorce is going to be bounced by the magistrtate.

Do you have a settlement agreement? I think this will be done after seeing the Family Advocate
Have you seen the Family Advocate? Will see them in a month time.
Have you agreed to a specific sum in support? Yes
What if the child requires more? I suppose she'll have to write to the courts that the child's maintenance amount should increase with valid reasons
What if she pays for some items and asks for compensation? Same as above
Will the kid be on a medical aid? Which one? How comprehensive? Yes my medical aid
What school will the child be going to? What if you differ? That's tricky
What if she re-marries and moves away how will you visit the child? Another tricky one.
If she has a child by another man won't it bother you that she might be supporting the other child with your cash? It will bother me, but that shouldn't increase my monthly contribution

If you answer any of the above questions with the words "I assume" or "I think" or " "I hope" then you are in for 2 decades of stress. Good luck.

FYI spousal maintenance is a right. You/she cannot contract out of it.

Hopefully when we meet the family advocate, everything will be ironed out. I need to save R20k for an attorney, though that money could have gone to my child schooling, food, clothes, etc.

[wily me]

Of course it can be waived. If we then agree to call it a right, please note that any right can be waived by the party involved. .................

..............and by legal agreements, that is the crux

[seted]

You cannot contract out of a statute.

[seted]

Of course it can be waived. If we then agree to call it a right, please note that any right can be waived by the party involved.

You cannot contract out of a statute.

[Getafix]

It is not a right. That implies that a person can have it under any circumstances. Not so. Re-read my post.

A person has a right to claim maintenance. He/she may end up with an extra R100 or even have his/her application refused entirely. But it is still a right and cannot be waived.

Are you both in the legal proffesion?
And how will your advice impact on your respective clients?

[Fuma]

So you submitted the documents to the court ,,after about 2 weeks the documents should be sent from the court to you,so that you can take them to the shriff to be served on your SO ??
Once served by the sheriff you will have a court date (in the summons the agreement will be spelled out )

That part has been done already. We both went to the sheriff's office and signed all the docs. It was done in one day.

Only the person asking for the divorce needs to appear in court if it is uncontested.
So if she stands up in court on the appointed day and asks for some thing other than what is agreed then ask for an adjournment and get a lawyer.

Will I be notified if she asks for some thing other than what is agreed?

[AvatarS]

So me and wife are divorcing. We went to the magistrate's court together and submitted the forms. We were married in COP but she didn't want to claim anything that I bought (House, car, furniture, etc) and she didn't want spousal support. We signed everything and submitted the stuff to the sheriff together and I got everything done there.

We have a son (18 months old) together. We agreed that she should have custody of him and I will be supporting him financially (Med aid, food, clothes, etc). Everything went peacefully. We are still waiting for everything to be confirmed and and.

Can she then change her mind and claim for spousal support though she has a job that is not paying so badly? I find spousal support unfair, more especially if you can prove that she should be able to support herself.

I'm hoping it does not get nasty from now on.

Haven't read all the comments, so forgive any repeats:
- Which Mag Court? Not all have jurisdiction over divorces... It used to be that only High Courts could deal with divorces, but this was extended to Regional Courts in 2010, if I'm not mistaken.
- IIRC (and it's been a while since I did this, so get it confirmed by a lawyer currently doing it) maintenance for the spouse is to be finalised with the settlement for the divorce - amount can be varied later, but it cannot be instituted where there wasn't one to start with.

Go with Getafix's suggestion - get a lawyer to sort it all out and make sure it's done correctly.

The same attorney for both parties? I think not.

Quite common, actually. If there is nothing in dispute, it's a lot easier (and cheaper).

[FNfal]

That part has been done already. We both went to the sheriff's office and signed all the docs. It was done in one day.

Will I be notified if she asks for some thing other than what is agreed?

If she is appearing then you better go there to just to make sure she does not add or change any thing .

[Getafix]

Will I be notified if she asks for some thing other than what is agreed?

Yes.
The two of you must agree on a settlement.
If you don't, the two of you will both have to appear in court and state your cases that the judge can decide what is best for you, your spouse and the kid. You do not want to go that route, under any circumstances.
Settle.
Once again settle between the two of you.
Otherwise you are going to spend money on a soupie that not a single person will watch.

[blunomore]

Quite common, actually. If there is nothing in dispute, it's a lot easier (and cheaper).

OP is quite clearly expecting her to change her mind, i.e. dispute re: alimony.

[Fuma]

Just to clarify. She is the plaintiff and I'm the defendant. I didn't contest the divorce and we agreed and she signed on those forms (e.g. forfeiture of benefits from marriage in COP, child suppose amount, etc). So the registrar said the forms will be forwarded to the Family Advocate, then set court date. If everything is ok, I will not be required to be present on that court date.

[ice_cubes]

I think there's one question we forgot to ask:
Why do you think she might change her mind (stab you in the back)

[Claymore]

You can get an attorney to draw up the divorce agreement (including all the settlement details and child support details) and have the representation done in court for around R7K, assuming things are agreed and uncontested.

Alimony is quite rare nowadays, and I understand that even where it's awarded, it usually only for a limited time period unless the wife (usually) has not been in employment for a very long time (decades).

[Fuma]

I think there's one question we forgot to ask:
Why do you think she might change her mind (stab you in the back)

Let's just say there are other family members involved that are giving here ideas.