Jump to content

Recommended Posts

Posted

Just want to make a point clear as re reading my previous post may not have made it so.

 

In ANC with accrual a wife (husband) is not automatically entitled to half of a pension. The estate which has the larger growth is obligated to the estate which has lesser growth an amount equal to 50 percent of that growth.

 

Of course ones pension gets included in that growth, but the amount liable could be more than the pension fund is worth.... the other extreme could be the following.

 

Assume husband has an estate at inception of the ANC of 10 million Rand and wife has an estate of 1 million. At divorce time his estate is worth 11 million and hers 3 million. In this scenario the wife would be liable to make a pay,ent to the husbands estate ceteris paribus.

 

Good luck to both you, the length of time u guys been married is a lifetime and this is a hard knock. Drink beer, get laid, be a lad but be discreet.

 

Just to add, that is IF the starting value/assets was specified.

  • Replies 1.8k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted (edited)

Just to add, that is IF the starting value/assets was specified.

ANC with accrual seems pretty straight forward. Total estate value for both of you, less what she started with, less what you started with, less any exclusions. Then split the remainder down the middle.

 

Is that about right?

Edited by GrahamS2
Posted

Boys

 

Sorry to hear your situations. Has got me thinking about my marriage a bit. Lucky enough that we are still in love. Have been together since we were 19 and married since we were 28. However, with the reality of life, children, work, school, horses, courses, side business, cycling etc this thread has made me realise that we don’t invest any time in each other, which is high risk for the future.

 

Going to change that from today, thank you guys.

 

Hope that your situations go as easily as possible.

Posted

Boys

 

Sorry to hear your situations. Has got me thinking about my marriage a bit. Lucky enough that we are still in love. Have been together since we were 19 and married since we were 28. However, with the reality of life, children, work, school, horses, courses, side business, cycling etc this thread has made me realise that we don’t invest any time in each other, which is high risk for the future.

 

Going to change that from today, thank you guys.

 

Hope that your situations go as easily as possible.

This is us in a nutshell.. Except we got married when I was 24.
Posted

Sorry to hear about all the splits especially over the festive season.

 

Strongs to all of you going through the various stages of divorce / splitting up.

 

I've been there and done it.

In a few days time I'll be divorced for 12 years.

There's enough solid advice on this thread already.

 

The only thing that I'd like to add is that the world continues and even though at this stage it may feel as if the world has come to an end it hasn't.

Once the divorce has been finalised and the scars begin to heal life will go on.

 

I to felt like the world had come to an end but looking back it was probably one of the best things that ever happened to me.

I've been on so many adventures that I wouldn't have gone on if I was still married (granted there would have been different adventures).

Just remember that there is a bigger plan for each us.

 

When feeling a little down go for a bike ride and remember to wave at the other cyclists (especially in CT)

Posted

I must concur that it really means a lot for me that so many of you oaks have been encouraging to us in amongst all the advice.

 

Especially since I have been basically all alone at home for so many weeks since returning from Nigeria of all places and  not having seen my son in over a month and a bit  now.

 

Thanks a lot guys, makes it so much easier to bear those lonely patches.

Posted

I must concur that it really means a lot for me that so many of you oaks have been encouraging to us in amongst all the advice.

 

Especially since I have been basically all alone at home for so many weeks since returning from Nigeria of all places and not having seen my son in over a month and a bit now.

 

Thanks a lot guys, makes it so much easier to bear those lonely patches.

Hey!! Who said I’m lonely?? ????

 

Hang in there dude, lots of people routing for you ????????

Posted (edited)

ANC with accrual seems pretty straight forward. Total estate value for both of you, less what she started with, less what you started with, less any exclusions. Then split the remainder down the middle.

 

Is that about right?

Yup very simple. Easiest way for me to explain is:

Your total value - Starting value declared = Acrrual

 

So if you split you take the two accruals and the difference between the two gets split. Meaning that each comes out with roughly the same as the other.

 

The effect of anc with accrual is much the same is in community but with the security and freedom of out of community.

 

*Edit: Just to add to the above. Any amount excluded in the beginning needs to be amended to reflect the yearly inflation. There is an online calculator somewhere to do this. Many people forget about this small part but it can play a massive role!!!

Edited by Letum911
Posted

After my divorce and after reading all this I still stand by my sentiments...

 

PAY AS YOU GO is better than CONTRACT

Careful After 5years cohabitation in a relationship a lot of the same law's as marriage applies in SA. You could be out some $$$ after all.

Posted

Careful After 5years cohabitation in a relationship a lot of the same law's as marriage applies in SA. You could be out some $$$ after all.

I thought all of that fell away a few years ago?

Posted
 
"Cohabitation, also referred to as a common law marriage, living together or a domestic partnership, is not recognised as a legal relationship by South African law. There is, therefore, no law that regulates the rights of parties in a cohabitation relationship. Cohabitation generally refers to people who, regardless of gender, live together without being validly married to each other. In the past, these relationships were called extramarital cohabitation. Put simply, men and women living together do not have the rights and duties married couples have."
 
 

Careful After 5years cohabitation in a relationship a lot of the same law's as marriage applies in SA. You could be out some $$$ after all.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Settings My Forum Content My Followed Content Forum Settings Ad Messages My Ads My Favourites My Saved Alerts My Pay Deals Help Logout