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They are left feeling hurt, angry, shocked and, at times, betrayed. If the relationship was formalised by marriage and ends in divorce, as more than one in three marriages in South Africa do, the emotional mix may become even more complicated, because, besides the relationship ending, the joint finances must be broken up, too.
Thinking with their hearts rather than their heads, many couples seek out a sharp divorce attorney and prepare to do battle in court, instead of negotiating with the focus on preventing a potentially devastating financial outcome. Often, a home must be sold and the proceeds split, savings must be halved, child support must be paid and a spouse who either does not work or works part-time must find full-time employment, which has implications for child care.
Frequently, one spouse, typically the woman, is at an economic disadvantage and stands to lose a large portion of the wealth in which she shared. In the United States and Australia, divorcing couples are advised to consult a financial planner who specialises in divorce planning, as well as an attorney. In fact, the sense of financial stability that comes from having a financial expert on your side can be an anchor at an otherwise difficult time, Nicky Gous, a former financial planner at Citadel Wealth Management, wrote in a recent article.
Although divorce is likely to alter your financial status radically and negatively affect your emotional state, proper planning and a coherent strategy can provide you with an immediate sense of accomplishment that will have a positive impact on everything else, Gous says. Clive Hill, a legal adviser at Sanlam Trust, agrees that both parties should have their own financial advisers and attorneys.
Having two specialists who can together devise solutions for the best possible divorce settlement is invaluable. Gous says a financial planner can help you to determine your post-divorce costs before you start to negotiate the divorce settlement.
He or she can take you through a variety of scenarios to provide you with an insight into what different settlement terms will mean in the long term.
The divorce process is a stressful one that can easily bring out the worse in people. Some people even see divorce as a way to seek revenge on a spouse by seizing money and assets.
Although divorce can bail you out of an unhappy marriage, it can also milk you for all you are worth if you don't know your rights. Check out these 40 secrets from top divorce attorneys to help you protect your assets and stay on the winning side.
Divorcing people often want to take out their hurt feelings on exes, however it's important not to let emotions interfere with the business at hand. In the long run, being spiteful could harm your own pocketbook. Individuals often make the mistake of assuming that assets that are in their names can't be claimed by spouses in a divorce.
However, divorce experts caution that the opposite is true. Because the same holds true for liabilities like debt and credit cards, couples should be sure to consider all factors when doing their financial planning.
Transferring or selling assets before dissociate is right at the top-drawer. Enough spouses make this misstatement that the law even has a name for it. Judges can look back to enterprises taken during the period of time leading up to filing, and can rule accordingly when the court does have authority. Both you and your spouse have a legal right to a share of all house acquired during your marriage.
If you give it away or sell it without her accede or knowledge, the best chest scenario is that the pass sentence will tweak the division of marital property to compensate her for the lost asset.
That might be another asset value that much, but the assess can also require you to make a cash payment to her in no other assets are available. This often is the charge when one spouse spends marital money in the course of an extramarital issue, but it can also suit to removing assets from the marital estate for other causes.
In some states, such as New Jersey, the judge has discretion to handle the position as he sees fit, so if your action was notably egregious, he might award your spouse even more than the value of the missing equity. In others, responsibility for proving that you did falls to your spouse.
Beverly Bird is a practicing paralegal who has been writing professionally on permitted subjects for over 30 years. She specializes in family law and estate law and has mediated family custody issues. Hand down you divorce in the next 5 years?
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Too ugly for love? Genuinely considering surgeryDivorcing couples can reduce losses in much the same way. When you liquidate your assets, you exchange them for cash that you and your ex-spouse then split. During a divorce, any assets or funds contained in a joint account are considered both account owners from removing the funds except for approved reasons..
40 Secrets Only Divorce...
Accept that you will probably have to live on less. If this was marital property, he will be held accountable for the sale in the property division. If you are currently being supported by your spouse, you might want to consider taking the time to dust off your resume and freshen up your skill set before seeking a divorce. Tips to help you understand the differences so you can choose the best process to end your marriage.
Preller says if assets are transferred to a trust for the purpose of hiding them, a court will not hesitate to deal with the assets as if they are owned by the spouse personally. Momentum agrees to pay out R2.
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What Happens to Your House and Mortgage in a Divorce? Video with Expert
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