Advice on Divorce

[Mojoman]

My tenant got a girlfriend who moved in with him a week ago, last night she assaulted him for whatever reason. He looked terrible. He didn't lay a hand on her. She wouldn't stop fighting so my mom called the neighborhood security watch to scare her a bit.. We told her to move out within 2 days. . She called her ex husband to come get her.

Next day we took the guy to the police station to file in a complaint so that she doesn't later say that he assaulted her.

She came back today to come get her things we thought but she only came to fight and beated him again. I'm not gonna lie, he was drunk but he's drunk most of the time. We called the police on her this time.

 

The police came and refused to listen to a word we had to say. Instead they took her word that the guy assaulted her despite the marks and blood on his face. I feel that the police heavily discriminated against us as we were white and she was Indian.

 

They arrested him and threw him in the van. They said my mom weren't allowed to evict anyone during lockdown and threatened to arrest her as well.

 

We drove to Linden police station only to find that our beloved tenant hadn't arrived yet. 1 hour later and he arrived at the station.

 

The officers who made the arrest complete ignored us when they came in. Forms were filled out and our tenant was released late at night. We were called racists for no apparent reason for not addressing the 2 policemen as gentlemen. FML

 

We asked them why they didn't arrest her as well. They said that they needed a court letter to arrest someone for assault. So basically they made an unlawful arrest.

 

 

My stepdads builders are currently staying in our yard as they are working on a project nearby.

Were not allowed to throw her out so we are going to instruct them to move in with her.

Ja, get that thing off your property as soon as you can..hook or crook..I think you can start getting the paperwork ready for eviction though in level 3? 

 

[Gen]

My tenant got a girlfriend who moved in with him a week ago, last night she assaulted him for whatever reason. He looked terrible. He didn't lay a hand on her. She wouldn't stop fighting so my mom called the neighborhood security watch to scare her a bit.. We told her to move out within 2 days. . She called her ex husband to come get her.

Next day we took the guy to the police station to file in a complaint so that she doesn't later say that he assaulted her.

She came back today to come get her things we thought but she only came to fight and beated him again. I'm not gonna lie, he was drunk but he's drunk most of the time. We called the police on her this time.

 

The police came and refused to listen to a word we had to say. Instead they took her word that the guy assaulted her despite the marks and blood on his face. I feel that the police heavily discriminated against us as we were white and she was Indian.

 

They arrested him and threw him in the van. They said my mom weren't allowed to evict anyone during lockdown and threatened to arrest her as well.

 

We drove to Linden police station only to find that our beloved tenant hadn't arrived yet. 1 hour later and he arrived at the station. [emoji33]

 

The officers who made the arrest complete ignored us when they came in. Forms were filled out and our tenant was released late at night. We were called racists for no apparent reason for not addressing the 2 policemen as gentlemen. FML

 

We asked them why they didn't arrest her as well. They said that they needed a court letter to arrest someone for assault. So basically they made an unlawful arrest.

 

 

My stepdads builders are currently staying in our yard as they are working on a project nearby.

Were not allowed to throw her out so we are going to instruct them to move in with her.

That's wild.

 

Surely because she isn't the tenant she is trespassing..and your agreement isn't with her but him...while you may not evict the tenant without a court order atm..you surely can have a trespasser removed?

[Amberdrake]

Highly doubt she is a signatory give her a letter to evict and then follow eviction process of illegal occupation. Had same thing with ex. Only way to get her out is via that route since she has no agreement with owner.

[dev null]

That's a tough one...I once stupidly had a fling with someone I worked with many moons ago....we both worked and lived at the same venue...won't be doing that again. A woman scorned can just be truly mental....

 

It's worse if she is a red head also. 

[Grass Muncher]

SAPD said she lives here as all her stuff still was here. They said we can only evict her if we evict the rightful tenant first. So the rightful tenant agreed to ✌️leave✌️. As soon as she left our property we changed the locks threw all her stuff out and hired a rumble removal truck to take it to the furthest storage unit we could find.

 

Her stuff is gone but we're waiting for her to come and get the keys for the storage unit.

[Honkdonk]

I have a very difficult complicated situation that I need help with. I cant post details here as it is very sensitive

 

Any legal eagles here that can offer some pro bono advice. Please DM me

[xamnam]

Morning

 

Can anyone please recommend a honest clued up reasonably priced divorce lawyer in the Cape Town area, preferably southern suburbs or town area

 

Thanks in advance

[gemmerbal]

...

Edited May 10, 2021 by gemmerbal

[Amberdrake]

Unfortunately not, i'm in somerset and took me 2 dud lawyers before one that actually got things done. Reasonable cost is very much dependant on honest and clued up part as even expensive lawyers will be worth it in end if they are honest and clued up. (considering long term costs) Divorce is messy and sucky and many many lawyers just play parties to make profit.

[New Landy new life]

Howzit all fellow divorcees 

 

I have a quick question. 

 

The car I gave to my ex as part of the divorce was left in my name but the agreement is filed that she is liable for licensing, fines and upkeep. 

She decided to lend the vehicle to my two kids at various times and between them have racked up almost R6k in fines.

 

As I am two months away from my last Maintenance payment I advised her that I would pay the fines to clear my name and take off the portion from my next payment to her. 

 

She obviously got the hell in and said she told the kids to sort the fines which neither have done.

My son who I still support is working and could afford his small portion but my elder daughter is out of work,  pregnant and is back living with me so I support her 100% ( Don't ask about the father of the unborn ????)

 

Have I a legal footing to withhold a payment if she refuses to sort the fines seeing as I never was involved with the  decision to give her car to the kids?

 

I bought each of my kids a car without the ex helping a cent towards them.

Or do I have to go to court to enforce the paying of the fines as a separate issue ?

 

I think at the same time I am going to take the vehicle off my name.

 

Thanks guys

Edited June 30, 2021 by New Landy new life

[Patensie]

Landy, good to hear about only 2 months to go on maintenance payments! I made payment 17 of 18 on rehabilitative maintenance this morning ????. Thanks for starting this thread way back. The advice given on here helped me so much in working through the whole ordeal. I'm happier now than I've been in a looooooong time.

I don't think it will be a good idea  to apply set-off against her maintenance unless she agreed in writing. The fines were incurred by the kids and it remains their responsibility, not your ex's. (Maybe one of the legal guys on here can confirm or tell me I'm talking utter rubbish) 

In the bigger scheme, if I were you, I'd settle the fines and get the car off my name (and onto the ex's) ASAP. 

[Bateleur1]

On 6/30/2021 at 11:46 AM, New Landy new life said:

Howzit all fellow divorcees 

 

I have a quick question. 

 

The car I gave to my ex as part of the divorce was left in my name but the agreement is filed that she is liable for licensing, fines and upkeep. 

She decided to lend the vehicle to my two kids at various times and between them have racked up almost R6k in fines.

 

As I am two months away from my last Maintenance payment I advised her that I would pay the fines to clear my name and take off the portion from my next payment to her. 

 

She obviously got the hell in and said she told the kids to sort the fines which neither have done.

My son who I still support is working and could afford his small portion but my elder daughter is out of work,  pregnant and is back living with me so I support her 100% ( Don't ask about the father of the unborn ????)

 

Have I a legal footing to withhold a payment if she refuses to sort the fines seeing as I never was involved with the  decision to give her car to the kids?

 

I bought each of my kids a car without the ex helping a cent towards them.

Or do I have to go to court to enforce the paying of the fines as a separate issue ?

 

I think at the same time I am going to take the vehicle off my name.

 

Thanks guys

Don't you normally have a form that you can fill in to say who the driver was at the time of the traffic offence.  Just put the ex's details there and send it back to the traffic departments.  And yes get the car off your name.

[Amberdrake]

On 7/5/2021 at 4:34 PM, Bateleur1 said:

Don't you normally have a form that you can fill in to say who the driver was at the time of the traffic offence.  Just put the ex's details there and send it back to the traffic departments.  And yes get the car off your name.

Do this. Do not offset payment even if she agrees in writing, unless its ordered and confirmed in court. If it ends up in court they ignore the agreements and just follow filed paperwork. Friend had this with his maintenance payment, he wasn't really getting paid early covid and had agreed together they will adjust etc  and work on repayment plan. She ran out of cash for holiday and sued him, he was forced to take out a loan even though they had an agreement in writing. 

On better news after 2 years and 8 months im finally Divorced. Ex will be moving out by nov 11 if all goes well with pension payment to her (out of my hands really she has to file claim). 

Really relieved and somewhat disappointed it took this long as this is almost what i offered in first place.

My 15 years of payments start now  just for the kiddy though

 

[Steven Knoetze (sk27)]

4 hours ago, Amberdrake said:

Do this. Do not offset payment even if she agrees in writing, unless its ordered and confirmed in court. If it ends up in court they ignore the agreements and just follow filed paperwork. Friend had this with his maintenance payment, he wasn't really getting paid early covid and had agreed together they will adjust etc  and work on repayment plan. She ran out of cash for holiday and sued him, he was forced to take out a loan even though they had an agreement in writing. 

On better news after 2 years and 8 months im finally Divorced. Ex will be moving out by nov 11 if all goes well with pension payment to her (out of my hands really she has to file claim). 

Really relieved and somewhat disappointed it took this long as this is almost what i offered in first place.

My 15 years of payments start now  just for the kiddy though

 

Any written agreement can be taken to court to put on the record though, then it is seen as legally binding. A schlep but covers you.

Congrats, I think, on the divorce. Strange thing to say.........

[New Landy new life]

I managed to get the car off my name last Friday, even though we had to meet together after 12 months of no contact at the ML department. She got it roadworthied and in her name same day and I took the fines off my  2nd last alimony payment and there were no complaints.

Shu. Nothing further tying me to her.

 

Clean slate.

 

 

Edited August 25, 2021 by New Landy new life

[Grass Muncher]

Hey, I need advice. 

The guy who is being divorced has a curator who is also his brother, the brother is scared that he has to look after his his brain dead brother once his wife divorced him. 

You cannot go to the Supreme Court until you show them that you have undergone mediation as far as I know. 

The brother refuses to respond or accept a date from the lawyers for mediation. 

Its been 4 months and still no mediation meeting. 

The sane brother wants the whole house as well has half of the wife's pension. The settlement didn't work ovcourse because he is unreasonable as ****. 

Supreme Court will be the only option for the wife to get a divorce.

What is the next step with the mediation?