Pension fund

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Mvu

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Hi guys

Because of the rich knowledge base I'm turning here for quick advise...

Someone I know is going through a divorce and the wife wants half of the husbands pension. Now my question, understand what conditions can someone claim half the partners pensions? And if the wife is the one who initiated the divorce can she still claim the pension?

Thanks in advance
 
Is it community of property?

If yes, she is entitled to half of everything.

I think he might be able to fight it, if he can prove infidelity, but not 100% sure about this
 
Depends on marriage contract.

If they're married outside of community of property then no.

If they are married with the accrual system then they would've noted down net worth values at the start of their marriage. They'll use those figures adjusted for inflation and make sure each gets that back. The rest is sit 50/50.

If there was a contract your friend would've most likely known this so my guess is there is none which means yes: she's getting half.

TL;DR: Your friend would've known if his wife wasn't going to get half/a substantial amount of his pension.
 
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awvince said:
Is it community of property?

If yes, she is entitled to half of everything.

I think he might be able to fight it, if he can prove infidelity, but not 100% sure about this
Click to expand...
I think in COP...
 
Mvu said:
I think in COP...
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He is fokked then, sorry.

He can make the process drag on for years if he wants, but that is just wastage of money for lawyers fees.

But in the end, it's going to be 50/50 bud.

I know a friend of mine went thru something similar and his ex kept fighting for more money. They got a court order that cashed out 50% of his pension immediately.

Your friend could resign donate the money to me and then I'll give it back. lol (this only works if she has not filed for divorce as yet)
wahahahahahahahahaha, but on a serious note, ask him to consult a lawyer to see how he can benefit the most from this divorce.

Good luck to your friend, this divorce shite is not easy on any person, probably would not wish it on my worse enemy. not even @Nobody Important
 
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https://www.divorcelaws.co.za/the-divorce-process-in-south-africa.html

Usually where children are involved or where there are substantial assets, retirement annuities or pension funds, it is advisable to seek the assistance of an attorney with family law experience or to involve a qualified third-party mediator, so that a comprehensive settlement agreement and parenting plan can be drafted and implemented. Going back to court after a divorce was granted to rectify mistakes made by you or an inexperienced legal practitioner in a settlement agreement can be rather costly.
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Mvu said:
Hi guys

Because of the rich knowledge base I'm turning here for quick advise...

Someone I know is going through a divorce and the wife wants half of the husbands pension. Now my question, understand what conditions can someone claim half the partners pensions? And if the wife is the one who initiated the divorce can she still claim the pension?

Thanks in advance
Click to expand...

Is she a housewife or what? If she was properly employed, he can then claim half her pension.
 
Eina. That can come to a substantial loss depending on the rules of the pension scheme. It may be more beneficial for him to pay her out from other assets if he has any.

Now towards your question SA has a no fault system meaning it doesn't matter who initiated the divorce or for what reason. It's still better though than some other countries that see themselves as the ruler of the world though, where a husband may continue paying alimony after divorce.
 
Swa said:
Eina. That can come to a substantial loss depending on the rules of the pension scheme. It may be more beneficial for him to pay her out from other assets if he has any.

Now towards your question SA has a no fault system meaning it doesn't matter who initiated the divorce or for what reason. It's still better though than some other countries that see themselves as the ruler of the world though, where a husband may continue paying alimony after divorce.
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‍♂️‍♂️‍♂️‍♂️‍♂️‍♂️‍♂️‍♂️
This is why I will marry you of cop
 
Ow guys the other thing is they claim to have sent him divorce papers to sign and court dates to appear... but he claims he received nothing so the court decided without him there because he claims he never got anything. Only thing he got was a document that he must sell the house and split the profits and she wants half the pension and all the furniture. He can keep the car.

I'm defeated
 
Hamster said:
It's 50:50 everything - house, cars, debt, investments, jewellery..... shoes. I would take half of each pair of her shoes.
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Personal belongings are exempted.
 
Mvu said:
Ow guys the other thing is they claim to have sent him divorce papers to sign and court dates to appear... but he claims he received nothing so the court decided without him there because he claims he never got anything. Only thing he got was a document that he must sell the house and split the profits and she wants half the pension and all the furniture. He can keep the car.

I'm defeated
Click to expand...
Normally you negotiate a settlement at a attorney, he should get one.
What document did he get? Doesn't sound right to me.
 
Hectic situation to be in.
A friend went through this.
Half his pension went to hi ex.
Personal belongings excluded.
Not sure how gifts are classified as
 
Zyk1 said:
Hectic situation to be in.
A friend went through this.
Half his pension went to hi ex.
Personal belongings excluded.
Not sure how gifts are classified as
Click to expand...
Even if the house is fully paid?
 
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