Am I entited to claim providend fund from my wife
Good afternoon just a few questions.
My wife and myself has split up, as we just don’t get along anymore, I see my son only every second weekend as I feel I do not have a say on this.
Question 1 – My wife does not have a license and drives my son around, can I do anything about this and keep him with me until she has a license, I feel this is a danger to him.
Question 2 – I have started a new job, my previous job has paid out my provident fund and we used all tis money on furniture and living expenses, we also bought a house, I have been paying the house for the last 5 months that I have left the house, I left with nothing, she keeps all the furniture and the house, while I still pay for this, I also paid an x amount on the deposit for the house, my question is, she is living now on my provident fund that paid out, on divorce am I allowed to claim for half of her pension/provident fund according to the clean break principle.
Question 3 – She wants to file for the divorce, and says it cost R8000, it sounds a lot, what is the easiest way to follow to get divorced?
Divorce, whether contested or otherwise, can be costly. However, when uncontested, some reasonable amount in lawyers and other related litigation fees are salvaged. Pension/provident funds: in the divorce settlement agreement, you and your wife can agree not to claim from each other’s pension/provident funds. However, if she refuses and insists on their division, then you are entitled to claim from hers too. Divorce fees: in the divorce settlement deed, you can agree that she bears her lawyer’s expenses while you bear yours. With such arrangement in place, you can actually save costs. I suggest you further speak to your lawyer.
Amended by author 18th November 2017, 17:18
Driving without licence: I think you should encourage her to take every reasonable step geared towards getting her licence. Make her understand that her safety and that of the child could be jeopardised.