Cheating wife loses all benefits including husband’s pension, assets in divorce

[W@P]

A bit OT but anyway.

I had my Will updated recently and everything is left to my underage boys. If something were to happen to me at this stage a testamentary trust will be created upon my death. They will then be taken care of by the trust. Maintenance, school fees, medical aid, university, etc. When they reach the age of 25 they each get what's left over paid out to them. Their mom gets fsckall. She is entitled to fsckall and she has no right to anything or any money in my estate.

Only uncertainty I have at this stage is their bank accounts. Between the 2 of them, they have almost R800k in their bank accounts. I am the only one with access to the accounts, that is until I die. Then I assume she can get access to the accounts. The money is fixed atm so as soon as it matures I might move it to something else that will make part of my estate so she cannot get to it. She will burn through it faster than eskom's diesel generators.

 

[Dups!]

A bit OT but anyway.

I had my Will updated recently and everything is left to my underage boys. If something were to happen to me at this stage a testamentary trust will be created upon my death. They will then be taken care of by the trust. Maintenance, school fees, medical aid, university, etc. When they reach the age of 25 they each get what's left over paid out to them. Their mom gets fsckall. She is entitled to fsckall and she has no right to anything or any money in my estate.

Only uncertainty I have at this stage is their bank accounts. Between the 2 of them, they have almost R800k in their bank accounts. I am the only one with access to the accounts, that is until I die. Then I assume she can get access to the accounts. The money is fixed atm so as soon as it matures I might move it to something else that will make part of my estate so she cannot get to it. She will burn through it faster than eskom's diesel generators.

I would do the same if I ever get married again.

 

[Dolby]

Unrelated to going out for a drink with Mrs B?
So pure coincidence?
I think not LMAO.

Ms B

The breakup wasn't unrelated to Ms B though

 

[W@P]

Ms B

The breakup wasn't unrelated to Ms B though

Where are you now in the alphabet?

 

[TelkomUseless]

Correct. I have brought about 95% of the income into the marriage and bought 100% of all the assets. Should we get divorced, she will score 50% of all the assets.

Complete and absolute rubbish.

Its is rubbish. The lesser earner is winning all the way. The higher earner is going to lose. Higher earner can only pray the ex wants nothing (good luck with that)

 

[Alton Turner Blackwood]

A bit OT but anyway.

I had my Will updated recently and everything is left to my underage boys. If something were to happen to me at this stage a testamentary trust will be created upon my death. They will then be taken care of by the trust. Maintenance, school fees, medical aid, university, etc. When they reach the age of 25 they each get what's left over paid out to them. Their mom gets fsckall. She is entitled to fsckall and she has no right to anything or any money in my estate.

Only uncertainty I have at this stage is their bank accounts. Between the 2 of them, they have almost R800k in their bank accounts. I am the only one with access to the accounts, that is until I die. Then I assume she can get access to the accounts. The money is fixed atm so as soon as it matures I might move it to something else that will make part of my estate so she cannot get to it. She will burn through it faster than eskom's diesel generators.

Thanks for reminding me. I also need to update my will and remove the ex as beneficiary from my RA.

By the way, why do you have so much money in your kids' accounts?

 

[TelkomUseless]

This judge is smoking his socks. The man should not be happy as it will come back to haunt him. This will definitely be reversed.

The agreement (COP) stands in spite of the cheating.

Don't know why men in particular still get married in community of property, they eventually lose out at the end. Sure, there are women who are well off but the majority who are at this stage are men and they suffer greatly.

I agree. I was merely a student when I got married. I had just my old car. Then 15-20 years passed, you pay bonuses into your bond, you pay for 90% of the expenses, cars , etc etc

And then she is unhappy... and leaves, taking 50% of 20 years worth of savings with her by law.

IMHO COP should be scrapped. Or at least... teach young boys (and girls) COP is the worst decision you will make.

 

[Alton Turner Blackwood]

Correct. I have brought about 95% of the income into the marriage and bought 100% of all the assets. Should we get divorced, she will score 50% of all the assets.

Complete and absolute rubbish.

It's complete and utter bullshit. In my case I was the sole provider for 11 of our 12 year marriage. The one year she did work was the last one when things were already on the rocks so I didn't see a cent of what she did with her money because I had moved out already. So I contributed 100% to our joint estate and she gets half of it.

To any prospective guys on here thinking about (re)marrying, remember, unless you sign a prenup, the default marriage regime in our country is COP. Love is blind and nobody gets married to get divorced so the thought never crosses your mind when you're saying your vows. Be warned!

 

[Dups!]

I agree. I was merely a student when I got married. I had just my old car. Then 15-20 years passed, you pay bonuses into your bond, you pay for 90% of the expenses, cars , etc etc

And then she is unhappy... and leaves, taking 50% of 20 years worth of savings with her by law.

IMHO COP should be scrapped. Or at least... teach young boys (and girls) COP is the worst decision you will make.

Let's teach boys about marrying out of community of property rather. If someone wants to marry for money then they can go find a Patrice Motsepe or Johann Rupert who is willing to part with half their estate.

 

[Alton Turner Blackwood]

IMHO COP should be scrapped. Or at least... teach young boys (and girls) COP is the worst decision you will make.

It should be outlawed! It's outdated and it's literally a trap that most fall into since it's the default if you don't have a prenup as I pointed out above.

 

[Sepeng]

So I contributed 100% to our joint estate and she gets half of it.

What would have been fair then, in your opinion?

 

[TelkomUseless]

Let's teach boys about marrying out of community of property rather. If someone wants to marry for money then they can go find a Patrice Motsepe or Johann Rupert who is willing to part with half their estate.

Yes I agree about teaching them OOC. Teach them it's for their own protection. It's not even marrying about money , it's about protecting your finances. I'm a basic salary employee, yet I got fcked over hard.

 

[Cosmik Debris]

I agree. I was merely a student when I got married. I had just my old car. Then 15-20 years passed, you pay bonuses into your bond, you pay for 90% of the expenses, cars , etc etc

And then she is unhappy... and leaves, taking 50% of 20 years worth of savings with her by law.

IMHO COP should be scrapped. Or at least... teach young boys (and girls) COP is the worst decision you will make.

Or at least make COP not the default for marriage and a choice has to be made by both parties.

 

[Cosmik Debris]

It should be outlawed! It's outdated and it's literally a trap that most fall into since it's the default if you don't have a prenup as I pointed out above.

Yep. Prenup should be the default if they want a default at all and not a conscious choice.

 

[Cosmik Debris]

Yes I agree about teaching them OOC. Teach them it's for their own protection. It's not even marrying about money , it's about protecting your finances. I'm a basic salary employee, yet I got fcked over hard.

Many men are in your situation. And the lawyers laugh all the way to the bank.

 

[Alton Turner Blackwood]

What would have been fair then, in your opinion?

I think the law should GTFO of how couples divide their assets.

But since you're addressing me personally. Look, I still care deeply for my wife so would never have made her leave with nothing. If I had my way I would have paid her rent for the first 6 months after the divorce to find her feet. I ain't going to let my kids sit on the street though so will reassess after that. I'm also not going to pay for a place that she and her boyfriend lives in. **** that.

She's getting half of my RA, I would have given her 25% because the problem with the current system is she has access to her half IMMEDIATELY while I have to wait until retirement. It's completely unfair.

Proportionally speaking, she's getting a much better deal.

 

[ShaunSA]

Some/most of you should never have got married

 

[Slaught3r]

I think the law should GTFO of how couples divide their assets.

But since you're addressing me personally. Look, I still care deeply for my wife so would never have made her leave with nothing. If I had my way I would have paid her rent for the first 6 months after the divorce to find her feet. I ain't going to let my kids sit on the street though so will reassess after that. I'm also not going to pay for a place that she and her boyfriend lives in. **** that.

She's getting half of my RA, I would have given her 25% because the problem with the current system is she has access to her half IMMEDIATELY while I have to wait until retirement. It's completely unfair.

Proportionally speaking, she's getting a much better deal.

In my divorce I left the house and left her there so she has a roof. Once the divorce was settled (and she moved out the house) I paid her 16k a month for 8 months for her to get on her feet. There are no kids involved so it made it a bit easier, but like you, I don't want to see her on a street corner struggling.

 

[RunningFromFat]

Don't know why men in particular still get married

Fixed. I see zero point to it.

 

[bwana]

First marriage only lasted a few years - COP - cost me a second hand Hyundai, lawyers fees, and a couple months maintenance.

Worth it.