[D148] DENIED EQUAL SHARE OF ASSETS? DIVORCE | SOUTH AFRICAN FAMILY LAWYER

DENIED EQUAL SHARE OF ASSETS? DIVORCE

This video discusses in which circumstance would allow for a South African court to deny you equal sharing in assets of the marriage?

In South African every civil marriage is governed by a particular marital property regime. Married in community of property – here each spouse is required to get permission from the other regarding decisions about the joint estate. In dissolution of the marriage – the estate will be divided equally.
Exceptions of estates being divided equally:
Forfeiture of benefits – the courts have the power to remove/take away the benefits of one party either in full or in part.
Basis of forfeiture:
Evidence must be shown that the other partner does not legally get to benefit from the assets:
Factors court will consider
How long you were married
The circumstances of the breakdown of the marriage
The substantial misconduct of one of the partners.

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CONTACT: Aslam Moolla
EMAIL: [email protected]
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=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.

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=== TIME STAMPS===
00:01 Introduction
00:40 Marriage regime/system
01:22 Forfeiture of benefits
01:53 Basis of forfeiture
02:44 Evidence of forfeiture
03:32 Summary

=== RESOURCES CITED IN THIS VIDEO===
DIVORCE ACT – SOUTH AFRICA

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=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an Attorney to get specific legal advice to your specific situation

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