Asset Evaluation, Property Division Negotiation, Debt Resolution, and Legal Support<\/p>\n","services_content":"","overview":"
South Africa follows a system of marital property law known as matrimonial property regimes. This governs the division of property, assets, and debts upon divorce. Depending on whether the couple is married in community of property, out of community of property without accrual, or out of community of property with accrual, the division process can vary greatly.<\/p>\n","body_intro":"
In South Africa, the legal process of dividing property, assets, and debts during a divorce is governed by the Matrimonial Property Act 88 of 1984. This Act determines how property and assets acquired during the marriage should be divided between the parties, while debts are apportioned according to who incurred them.<\/p>\n
Assets are any items of value that a party owns, such as investments, savings, and vehicles. Property, on the other hand, refers to any immovable assets such as houses, land, or buildings.<\/p>\n
In South Africa, the parties are entitled to an equal share of the joint estate, which includes all assets and liabilities acquired during the marriage. However, in certain circumstances, the court may order a different division of the estate based on factors such as the duration of the marriage, the contribution of each party, and the needs of the children.<\/p>\n
A prenuptial agreement, also known as an antenuptial contract, is a legal agreement between spouses that sets out their respective rights and obligations in the event of divorce. If you have a prenuptial agreement, it may specify how property and assets should be divided, but it must comply with the Matrimonial Property Act.<\/p>\n
Debts acquired during the marriage are apportioned according to who incurred them. If both parties incurred the debt, they are jointly liable, and the court may order them to divide the debt equally. However, if one party incurred the debt without the knowledge or consent of the other, the court may order them to take responsibility for the debt.<\/p>\n
If your spouse hides assets or debts during the divorce process, it is considered fraud and is illegal. You can take legal action to retrieve the assets and hold your spouse accountable for their actions.<\/p>\n","sa_law":"
Family Lawyers in South Africa specialize in laws relating to family matters and domestic relations. They handle a broad range of cases, including marriage, divorce, child custody, adoption, and other family-related issues. Their practice is guided by legislation such as the Divorce Act 70 of 19791, the Children's Act 38 of 20052, and the Maintenance Act 99 of 19983. These lawyers provide legal advice, negotiate on behalf of clients, and represent them in court proceedings. They are regulated by the Legal Practice Council4.
Footnotes<\/p>\n