Debunking Divorce Myths
I often come across the following myths when dealing with a divorce:
1. I am married in community of property for the last 5 years and my spouse has been a member of a pension fund for 12 years. I am only entitled to 50% of my spouse’s pension for the period of our marriage.
Fact: When married in community of property, a joint estate forms consisting of the 2 estates of the spouses. When the parties divorce the joint estate has to be divided and the entire pension fund will fall into the joint estate and not only a portion thereof.
2. When your spouse is unfaithfull you can institute a claim against the third party for pain and suffering.
Fact: Our courts have recently held that both spouses normally have a share in the break down of the marriage and that there is no place for these type of claims in our law.
3. When a spouse is unfaithfull it entitles the other spouse to claim forfeiture of assets as punishment.
Fact: The courts take into account many factors in determining this question, for instance amongst others the causes for the break down of the marriage, the duration of the marriage, the age of a party, their financial needs and most importantly, whether or not granting a forfeiture order will cause an injustice or be unequitable.
