Court asked to change divorce law
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- Опубликовано: 16 окт 2024
- The Gauteng High Court has reserved judgment in an application that could pave the way for divorcing spouses, married out of community of property and without the accrual system, to be compensated for what they consider to be their financial contribution to the marriage. Family law expert Advocate Muhammad Abduroaf explained the case and its implications. Courtesy of #DStv403
Divorce laws favor one side man must loose every thing. That's why we are skeptical to get married now because is like a scam
If you live together its the same as marriage
Huge scam
Men after divorce wish to forget about his kids, build a new family, impress the new lady, while the woman with her share must mantain the kids since childrens needs are not necessarily cover on the court ordered monthly maintanance making even harder for the woman to enjoy any of her share.
@@yoliswambebe619 🧢
@@truth-Hurts375 for the benefit of a woman you!!! That's the point the guy is trying to get across! Why is it so difficult for you to understand?? Everywhere you go you just make a fool of yourself!!!
There is basically no safety net when it comes to matrimonial law in our country. a few months ago the ConCourt ruled those in long-term relationships can inherit from partners' estate and she wasn't even included in the Will.
A Marriage is an agreement, if you do not want to stay in the agreement there will be certain obligations, complete these obligations then it is final. But the system wants to take the man for everything.
Lllllllll
So not true……My husband has his own money and continues to plead poverty. He has sued me for maintenance, my divorce has gone on for 9 years. He is just greedy.
@@charmainemontanari7673 I am sorry that he is a dead beat. Normally the man gets the short end of the stick. I am also divorced, but mine went well. Everyone is already struggling with the current laws, if this one is changes it will just cause larger damage in a already bad situation.
If a man claims what he believes is due to him, he is a dead bit Willie? What made you think this way?
@@Coder-fz4gg That is not what I am saying. If the man is due I hope he receives his dues.
What next? If you kiss a woman you owe her half lol
Now I'm definitely never getting married 😂
I am also never getting married. The best is to love someone and live separate.
@@stevenswiel8015 i agree. These laws are getting out of hand. its best to live on your own and have a gf living on her own. Marriage is not for men. It puts us at a major disadvantage. Men need to wake up.
@@jinkazama2555 these men will never wake up bro, they still belive their life is not complete without a woman. So they'll rather sink themselves into the deep sea of unfairness, rather than live peacefully by themselves.
@@m.x.refrigxolani8365 100%. my friend got married to modern women who is a ticking time bomb if things dont go her way. He married her and just recently, she worked late, it was her turn to wash the dishes, and she came home, the dishes were still there but my friend bought her dinner coz of working late, but she wasnt thankful, instead she shouted at him saying he shouldve done the dishes because she came late, like an hour late, and wanted him to apologize. He didnt because he did nothing wrong. She packed her bags overnight and stayed at her sisters house. A wife should not be that childish and now he is LEGALLY married to her.
@@jinkazama2555 so sad bro, very sad. These women need to learn when they marry a man they marry a husband; not their sibling or child.
lol thats why men are not getting married anymore we not dumb...
It's not about men not willing to marry but women are nomore accepting marriage they opt only cohabiting relationship only
Very soon they might come with a law which says: any unmarried man should pay 6 percent to the government every month to cater for at least one woman or a child in the country" 🤣🤣🤣🤣!!!
Fellas, is there any planet safe for men to live their lives peacefully!😅. Let's go to Jupiter brothers.
Men are moffies that's what happened to masculinity.
I am in the process of setting up a Divorce Online Forum. I am in the belief that a divorce should not cripple people financially (both sides), should not be orchestrated by attorneys but rather guided with the aim to be solution oriented and settle amicable. Litigation should not exceeding 9 months!! There is something fundamental wrong when litigation exceeds this period. Delay tactics done by attorneys must be openly addressed. Unethical work performance by attorneys must be openly addressed. The duty and responsibility for attorneys must be set and followed. In a case where accrual is applicable both sides must be transparent. In case that one side is not transparent AND the attorney is supporting such unlawful conduct there should be a way to address such to the courts as an emergency application and such costs are for the party who is doing wrong. Any litigation longer than 9 months and applications and drafts and statements under oath must take place within this time period and uploaded to caselines. Having such law implemented will reduce the years of a divorce, will reduce the costs and ensures that the procedure is followed by both sides AND their attorneys. In case where minors are involved an additional 6 months can be given. Any divorce exceeding that time limit needs explanation from both attorneys as to the reason behind the delay. In most cases one will find out that the attorneys are the obstacle and not the parties. The role and duties as said before must be defined. An attorney who is unethical, unprofessional and acting morally wrong has absolutely nothing to do in family law.
Where there is no accrual the law should apply in case of being married as it is with accrual and in case of having lived together but no marriage needs to be seen individual and a sensitive approach should take part. The person earning less or doesn't have an income should be protected and compensated. That's the least what should happen.
Thank you. We need this so badly. Yes attorneys do drag things out. And iits not fair. The amounts charged are insane.
And instead of focusing on finalisismg things so the ppl involved, can move on. They make more money. Yes. It's their business. But if you going to. Lose so much money on lawyer fees. How do u survive.
@@waheedajhatam5523 this is the most utterly reckless business. I call this a divorce cartel. This attorneys are unethical and morally wrong on all levels, through their input there is more damage done. Families are more divided, fighting more and becoming more and more estranged. Attorneys hide behind the umbrella of legal systems and use as an excuse the "act on behalf of the client" yet they are supposed to act according to law and finalize the matter instead of being problem orientated. It's a cold and manipulated business orchestrated by attorneys. We, the people, are meaningless to them. They move to the next case and carry on as business as usual. Utterly evil. If this is not addressed it will never change. I am opening up to show myself that I will not become a victim of such unprofessional behavior and abuse. I call this emotional, mental and financial abuse. I will also show my children that such behavior will have consequences. This should not be accepted as being normal. This is anything but normal. It is criminal! My opinion.
I couldn't agree more.
She took her chances with love. Changing this law will open a can of worms. Why get married now?
This law wont pass in high court🤣🤣🤣even in constitutional courts cuz there is in community of property law thst favour what they are saying but at the same time they want to out of community of property to be dismantled
Nope it can't, it just an eye opening that marriage is a scam of its own
@@dikeledijane8186 agreed
@@dikeledijane8186 which is gunning against men, as usual.
@@kamogelofortune3139 that's correct, it only Parliament that can amend the law. Even highest court cannot change this law because they don't have those powers.
Assume that I sign an employment contract and after years realize that my salary doesn't even cover a basic living, so I decide to leave the company. Can I claim a percentage of profits the company made during my employment? The answer clearly is no, even though I contributed towards that profit. If a spouse does not contribute I think there is even less merit for a claim.
All these laws are targeting the man, that's the whole objective bro. The sooner men realize that the society and these government institutions don't give a single dime for a man in this world, the better.
So a pre-nup don't mean s*it anymore? Damn...
So she "didn't know what she was doing" and now the rules must be changed just for her?
What's the point of even havin the options then?
True bro
No one made her sign the agreement, she had done so at her own will. Why does she want to go back on her binding agreement. She just turned into a gold digger that's all.
What if the man had nothing and lost all their money, she would still get a divorce but because there is no money.
In this case there's no need for marriage but life long girlfriend and boyfriend
I am actually going though the same thing. I don’t want his money- I want respect and since he cheated and broke our vows.... which since 2015 custody for my 3 and 5 year old is now 50/50. I was naive and shouldn’t have signed my ANC with accrual... I was a dancer, been together or 10 years before we got married = add another 8 years (18 years I’m total). I have never asked or needed his money until I become a stay at home mother 5/ almost now 6 years ago. He wanted and “gifted” that role to me.
Now he turns 40, just become spiritually awakened by his Kommetjie unqualified “therapist” and after 3 months of seeing her - they fell in love and he wants to separate.
His takes away R7 mill and I get R850 thousand. (Which is more money than I have ever owned 😂)
BUT the house is his ASSET, I have no home, job- even if I did try earn - I have nothing but a diploma in dance. And if it was just me... I’d be happy and go on my merry way in a heartbeat, BUT I am responsible to two little goats and that’s where I believe he should be liable to certain assets- like our 10 year family home and be forced to “re assess CERTAIN” needs according to the life we have created since becoming parents and a family. I don’t expect half or more than what is realistic. But I don’t want to be financially abused and feel dependent or like an employee of this man.
Its simple.Men will no longer marry.The risk of a man being taken for all he owns is too high.
Leave them alone they'll live with those properties alone
Yes let's us all not marry!!
Thankyou brother.
These people are trying to break the marriage contract in favor of the woman. If she did not go to work with the husband, and break her back like he did, WHY SHOULD SHE GET ANYTHING THAT HE WORKED FOR?! According to the marriage contract she signed, she is entitled only to maintenance. She signed it! She could have signed a different contract which would include all assets earned during the marriage, or even all assets, period. But she didn't. Now she wants to violate the man's rights and break the contract she signed. SMH.
They all become gold diggers ..mate!
im so sick of laws. These laws are to benefit only a few. Now i see they are trying to take mans assets that his worked for just because of a women. If a man gets married in this age, he deserves to get screwed assuming he knows the bs of marriage laws. If a man chooses to ignore the laws, he must learn the hard way. Marriage is not for men, we are the ones that lose in the end.
@@truth-Hurts375 for once you said something meaningful, Well-done Redant.
@@jinkazama2555 it is better not to marry. These laws are the same laws that will break more homes than ever, if anyone thinks I'm talking nonsense, then just sit close and watch the divorce rate from now on how it will escalate. Once a woman knows she can rip you off your assets then believe me she will do all she can to get her hands on it. Women don't love you fellas, they love your assets, not you!
So many are suffering out there. Many women suffer. Alot of women, go out and work, and also cook, look after the kids, sit with homework n projects etc. And the women's money goes into the house expenses, med aid etc. But after 32 yrs.... U sit with the issue where you get divorced and you don't get compensated for that which u put into the marriage. Going to lawyers is v v expensive. It gets dragged out... And costs Alot.
Alot of women get married.... And u don't expect to end up divorced. You are so busy doing thing for your family and keeping things together that you don't THINK about what would happen later. You love too much. You trust too much.
So always PROTECT yourself wen u getting into a marriage. Know your rights. And yes... Always put aside money in a seperate bank account if things were to go wrong.
I wish I had knew this earlier. Those years that we married... We were taught marriages are meant to last. But the truth is, they don't. Not always.
Not everyone will help or protect you. YOU have to do that.
So we wise.... And protect yourself.
It is not my intention to offend attorneys and/or to drag them through the mud!
However, it is entirely my responsibility to address the unprofessional behaviour of the lawyers involved, combined with their unethical working methods and immoral actions, so that other people, especially women who are in a similar situation to mine, who may also have been housewives, are spared this humiliation and financial bleeding. It cannot be the purpose of a divorce to be financially broken after a divorce that you cannot get back on your feet and build a life. This approach is abhorrent.
U must read carefully before you sign a contract
@@keeganafrica7783 a divorce where attorneys are involved it is meaningless if one has a contract or not. You are fighting against the brutal and reckless act of a divorce cartel (legal practitioners) who are holding you trapped for years in a horrific process just to enrich themselves. I'm dealing with attorneys who even prevented me from getting financial documents yet stated in court papers that I have received them. I'm dealing with purposefully false statements under oath yet not one of the statements were uploaded to the caselines. Attorneys know that most divorces do not go to court and this gets exploited. You as a divorcee are trapped for years in a horrific legal battle which only benefits the attorney. This divorce cartel needs to be broken. We need to tell our stories. We need to open up about reckless, unprofessional, unethical and morally wrong behavior done by divorce attorneys. Why are so many people financially crippled after a divorce? Mentally exhausted? Emotionally drained? The divorce attorneys supposed to be solution orientated; in my case it was anything but solution orientated. It was orchestrated by attorneys who carried on recklessly. I wished that there was a channel where people can talk about facts, present the wrong doing of attorneys so that the wheel of lies and meaningless money grabbing acts can be stopped.
@@carolatrummer3483 again... Read before you sign. It sounds like you have a problem with your attorneys and the process and not the law in general
@@keeganafrica7783 yes, the law is straightforward. The members of the legal system however do not uphold to the process. One has to deal with unreasonable delay tactics, drafting statements after statements which never were uploaded to caselines, the attorney from the other party withheld documents and attachments despite requiring them several times. In my opinion there is no strategy needed in a divorce case. The outcome is already predicated, it's a divorce! However, when attorneys have nothing better to do but to add problems, playing dirty, using delay tactics and if this is accepted as being "normal " it only shows how destructive society has become. There is certainly nothing normal if attorneys contribute towards mental abuse and financial exploitation. If I would be a criminal I would have the right to a state attorney. Receiving maintenance which gets all eaten away by attorneys is leaving hundreds of people financially crippled. Nobody wants to address the unprofessional and ugly business which attorneys do under the umbrella of "getting one through the process". What I experienced is sadly not an exception. I know many other people who experience the same. Of course, after a divorce one is mentally and emotionally exhausted, overwhelmed and financially either crippled or barely surviving. My divorce is a so called easy divorce. No children. No huge assets. Accrual. Yet, it took three years and six months. Orchestrated by attorneys on both sides. Did I tried to settle? Yes, more than four times. One of my attorney did not agree to settle and refused to draft a settlement agreement. I put my foot down and demanded that the process needs to come to an end and I don't care how much money the other side has. I want to stop this senseless litigation and accusations. He forwarded me a settlement agreement with other people names on it!!!! Perhaps I should look them up on social media? Another attorney left my case untouched for several weeks and gave a flimsy apology but charged heavy fees for such an unprofessional service. The attitude and behavior of some or most? attorney is unacceptable and therefore needs to be addressed so that the law can be tightened and processes can be shortened. The role of an attorney is very important and therefore since dealing with real people lives and their future especially if one has limited years to build up a professional life ( I never worked and sacrificed my life for the upbringing of a family and even left Germany for my marriage, it is impossible to find work in SA at my age where I can draw a sustainable salary) it is bizarre that I have to FIGHT for the accrual to be divided amicable and for disclosure of finances while the attorney knew what the financial situation of his client was. Again, the law is clear but the attorney advised the other party to withhold financial documents because I have to proof the accrual. This is unethical and morally wrong on all levels.
@@carolatrummer3483 this scripture won't help and neither will changing the law lol
We should only deal with women on a pay-per-view basis. It's cheaper in the long run and it's less stressful
i pray to GOD for lots of women lost houses,money,everything according to court.
Only in the High Court.. I had to go to the Supreme Court of Appeal to change the law. Not fair…..
Totally agree with this. I know many women who experience this situation. So women, when you marry, have your own career, never stop working, ever. Don't be a baby making char lady. When you don't work, that's what you become. Because when you divorce, all you have left are the babies, broom and Handy Andy. Oh, and go to a sex shop for a visit twice a year. 😇😇
This is a problem
Simple solution refuse marriage until they change the laws
Why get married in this day and age?!!!
They explaine to us that your is yours but what you bring up together in the marriage is together. Cause my husband told me to cell my car and now im driving his car which he promise to put on my name and now i have NOTHING
What??!!!
That was dumb
Dont be stupid...take a rich girl and marry her !!!
Wealthy women don't marries incommunity of property
@@dikeledijane8186 well if this law passes then that doesn't matter... Which is the actual point
@@dikeledijane8186 Good every one must get married out of community of property
@@dikeledijane8186 now you're contradicting your own self. Isn't the same law in discussion? Ohh, almost forgot: it will only work if it favours women? Now I get it.
Rich women don't get married at all. I wonder why...
This law was so unfair and discriminating women especially those who are poor during the marriage
what nonsense r u talking about ? the women gets taken care off by the man, the man did the work, the women should not be entitled to his wealth because he did the work, not her. stop being brain dead. u want your own money ? get a job or start your own business and dont get married.
Dikeledi you're talking rubbish, yes I've said it.
@@m.x.refrigxolani8365 no ur the one who talking rubbish if I marry the woman without community of property what do call that? It's a stay together or marriage?so my question is y did u pay lobola for her to come and stay with u?what is the purpose?she is there as ur wife to do what ? Cause if u decided to divorce her she can just take she came with and go so what was the purpose of calling her ur wife?
Men must understand that this is for women who actually contribute to relationships, not all women are greedy. Therefore not all men are victims in divorce, some men do not appreciate selfless hardworking women. He builds a house you put the roof using your money because you want to grow with him, next thing another woman is enjoying that roof- a woman who has no intention of contributing whatsoever, the one who's in it for the money. And he's madly inlove with her lol 😆.
Absolutely
you are right.. the woman who contributes deserves to be cared for morally. I fully agree. But chancers with asset building marriage lotto schemes , noways.
@@dancunchiriga it's a bloody cruel cold world out there. I think before marriage, each person needs to secure 'themselves'. I'm advising my nieces now to open a seperate bank account as a 'run away' fund.
If the marriage works... All good. If it's doesn't, u have something saved.
The "not all women" disclaimer is a scam. Men should understand one thing, women are women.
Same situation hope the court can help cause you build up with your partner the husband work we look out of the children and then we get dropped for divorce and got NOTHING
This happens so often and i pray that she wins
na. U women want everything nd complain about inequality. Shame on you. u are disgusting trying to take a mans money without putting any work into his business.
That's equality right there, oh I almost forgot: yall want equality only when it favours yall, but when it starts hitting home then it's a problem? Shame, but don't worry, the biggest JUDGE is coming, not these earthly ones who don't even know what they're doing.
If it was a man would you also pray that he wins.
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