Even those Married Out of Community of Property can now Claim Assets upon Divorce, High Court Rules
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- Опубліковано 5 жов 2024
- High court rules that it's unConstitutional for the Divorce Act to not allow judges/courts to not review asset redistribution upon the divorce of those married out of community of property, without accrual, post 1984.
Article here:
Landmark ruling on Divorce Act for South Africa: businesstech.c...
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This saddens me....the court looks like it doesn't know how much people work for their money....
They do, they just don't care
Woman are adults and they chose to get married so this thing of having sympathy for their poor decisions of marriage and paperwork is nonsense
These people are going out of their way to make sure people don't get married. Can you imagine being married to one of those "secure the bag" "level up" women under laws like this? No thank you.
Divorce lawyers are going to love this.
Mr Panuel, please don't stop posting these, not everyone might agree with your content but we do.
Man suffers the most in this issue
RESULT: Huge reduction in marriages....
Divorce is from the devil. My muslim collegue ended up with nothing after spending 20 years helping her husband built his taxi business. She was the one who got up at 4 to get the keys for the drivers & cash up during the day. She organized mechanics & repairs when they broke down. She went to the bank to deposit the cash & paid the staff. She was the one who got the vehicle loan for their 1st taxi cause she was employed. He left her for a 20 year old & she & her kids were left destitute.
Then there is my brother who has been married for 10 years with an abusive women who refuses to work, demands a salary for him, hires nannies & cleaners to take care of his home & kid. Tell him how 50% of everything he has worked for alone is hers & if he divorces him she will definitely get spousal support & child support. Who deserves what? The courts do not care. Thread carefully if you get married cause life is not fair & divorce is even worse.
Ah yes the very rare and extreme example
This is why I'm not involving Government in My Love life.
😂 😂
😂😂😂😂
Now I understand why bo Malome always said “nyala o nnyele”, there you have it gentlemen; another law that’s presented as fair and gender considerate when all it’s meant to do was take take take from men and present women as little children who can’t decide for themselves, mainly to protect them from having to take responsibility for their own actions. Black MAN you on your own,
It's not a racial thing bro, it's a gender thing
Thanks for sharing, I think the judgement makes sense, there is an economic disparity between women and men in general, we cannot run away from that fact, and in marriage women are expected to provide the supportive role which we have not quantified it’s economic value, and as result it’s value is subjective. So marriage out of community of property upon divorce highlights that discrepancy. The solution you propose of people not getting married but raising a family outside the laws of marriage appears to be ideal , but the reality still remains that man have more economic power and advantages over women, and when they come together even if not in the institution of marriage, what a women contribute is ‘seen’ not as useful/ won’t be compensated for it (giving birth,taking care of children etc.) but a man will have better advantages(does not give birth, doesn’t have to 100% care for a new born like a mother) and as result he is likely to make more money than a woman as he remains in his job , does not take maternity leave and he is generally offered better opportunities than a woman in our current society. This means for a women to attain true economic equality to a man, she has to be a Superwoman, raise kids and run business/ maintain a career, which is impossible! There is no way she can do all and really be the same as a man on an economic level. That’s the reality and the problem that we face as a society!!
Most of your examples are biological, not something we as men can control. If you want more success then men don't get pregnant then (there is an increase in women earning more than men btw). Giving birth to a child is something both women and men want and both parties should take care of the child as it is their responsibility to do so, taking of a child is a obligation for both parties so you saying taking care of a child you chose to have is benefiting men and is disadvantaging women is a falsehood (since you chose to put yourself in that 'disadvantaged' situation). Also what are the other things that women provide aside from taking care of the child she chose to make? Also don't forget that most of the things you say women provide can be outsourced such as hiring a nanny to take care of the kid and a maid to clean and cook. P.S i do agree with you that this thing of women can be super mom and have a business is quite unrealistic as there won't be enough time within the day to always do both
So basically women can't do 50/50
@@bakangmatabane711 Life is not 50/50.
@@beewest5704 As men we have always been okay with being the provider, its women who came up with this 50/50 equality nonsense
@ Bakang we all know what brought about that situation...no human being wants to beg for money it's better you work for your own so that you aren't stuck in an abusive marriage (just an example) so this mentality that women brought this unto to themselves is bizarre it's certain circumstances that forced them to want to work for their own money
Divide and conquer😈
This is crazy.
Family is, in a way, under attack.
The Constitution should be altered completely cause it is not african
Thank you 👏🏽👏🏽👏🏽
Husband: Why should we get married in community of property ?
Wife: If you don’t want to then you don’t love me
Smdh🤦🏽♂️
🤣🤣🤣🤣, couldn’t have said it better even if I tried😂😂
No stress .marriage is on the way out any way.look at the western world.it is the great reset.
Yazi… you make a good point. 🤔
Government and corporations are very advance in finding way of making business out of people.
I foresee a further decline in marriages.... our poor grand kids will come from further broken families.
Kids are already coming from broken families... IT'S SAD 😢
No one forced them to get married ladies want marriage big Time than man
Indoctrination is very strong. No one forces you to speak English or buy from certain stores... but trying to go against the grain is very difficult.
@@godpenuel your right bro...,I get it
This ruling makes sense.
I understand the undertaking that - what is mine remains mine and yours the same.
The only difference here is equity. No one is stagnant in marriage. 2 examples:
1. If both parties have two businesses, one for each, and all focusing on theirs. Then the law will understand it as such. One cannot want a claim on the other purely because of divorce.
2. If the woman has a business, and during the marriage the man contributes (with proof) to its development and success, and one day the woman tells him to fuck-off through divorce, without a cent. You will not find that to be fair.
It will only be right if the guy is allowed to at the very least go to court, and let the court assist on what he deserves as part of a settlement at the very least. The courts won't change the matrimonial regime, but make rulings based on the facts of the case.
So as said, this does not require a change in matrimonial regime, but sense, fairness and practicality. - ka seSotho - "justice".
What you're saying makes sense but the thing is what degree of contribution did you make is something we must look at the most because if a man has already had a company established what can the woman contribute? Let's say there were times were I was busy, and I ask my wife to print me a few things for my business, is that contribution if so does that warrant a big chunk in my business? If we look at providing proof that would be hard since most couples would help each other without thinking of having to have proof, only a person that knows they will divorce you will have proof of all the contributions they made. We also have to look at physical and financial contribution, financial contribution can be proved with a bank statement but what if you contributed on the physical side of things like help with desk work or something like that, that would be hard to prove and to prove the exact amount of hours you contributed towards that physical contribution, plus being a CEO of a company and doing reception work for the company isn't something that is worth a cut of the company because I rather just give you the years in which you were working for me and give you a receptionist salary than give 10 to 50 percent for doing a employees job. This law being passed will be filled with loopholes.
@@blankcanvas6945 Loop-holes, that's guaranteed, I mean that's the reason we are here in the first place. Whatever happens, I just hope any share compensated is fair and justifiable, and that reliance is placed in the hands of the courts now. This means, weeding out needless extravagant claims, and stopping short-changing of weaker partners.
Fairness and Justice is my hope.
Bull.
If you sign the contract, live up to it, you're promoting a dishonest society.
If you know you're out of community with a wealthy spouse, buy your own taxis with a loan from your spouse, pay them back and respect the contract.
@@lvdeluxe1 I don't know why you are so angry, because none of the things said above negates what you just said.
You seem to assume the marriage contract is the final and only contract the Courts should entertain. That's a little naive. The point here, that you are missing is, if beyond the matrimonial contract, there are some verbal contracts, and informal arrangements (whatever it is), you cannot expect a normal person to just bend over and let you do what you want behind their bottom even when they contributed to your business. If they have contributed nothing and lodge a fallacious claim, the point is they should get nothing. Not sure why you are so confused...
🤣🤣🤣Even the panel of Judges who are married, sitting on this matter at the constitutional court know they are screwed should they accept this ruling.
fact....marriage is now one sided
No way this doesn’t impact marriage licenses. It will be struck down at the Constitutional court because assets (rights) cannot go without obligations (liabilities). That’s the only way you have a contract. Rights and Obligations.
What he did is to make ANC meaningless because COP means we share rights and obligations.
This won’t stand. ANC isn’t contracting children out of rights. It’s just this thing that thinks a pussy is an asset.
This judge hasn’t been married. I can live with someone for 25 years without this person not lifting a finger to increase my assets.
It also has ramifications on COP. Why can I not make it an argument that this woman added nothing to my estate? It can be proven. This is on choppy waters.
Lastly, women must learn co-operate as Kevin Samuels said. As men we give up our time and get exploited by women in the meantime.
If that’s how you feel, you keep you and let us MEN keep our thing.
The judgement sounds feministic 😂
Thanks for the info Penuel
This will only lead to more baby mama crisis and definitely the same woman who are fighting for this will come demanding something more.
Simple don't I won't get married. I actually thought I'd marry ocp without accrual.
I also think the same we are in the watsapp group,I've worked my butt of the acrue my assets I will not be forced to give some1 bcos we slept together and signed on a paper
Noone is going to get married at anymore. Not in the contractual sense. But how do we then determine that we are married? Two people making a vow to each other at a restaurant with no witnesses present? How will this play out?
There's no upside to the marriage contract. Rather register a company or trust, & buy joint assets under them. And make your kids beneficiaries. And pay each other salaries for work & dividends, where possible.
@@godpenuel Still sounds like marrige out of COP but with accrual
Daaaamn!!!!
Marriage in this day and ages is for suckers🤫🔥
Just let her be ur life partner, uhulumeni ungenaphi endabeni zabathandanayo
Even life partners can claim your assets
Bafo they still claim and can succeed in court, no 1 saw this coming but the woman took her chances and look now; laws might be changed. Anything that presents a woman as a victim of a man can win in court, it doesn’t even have to make sense.
@@fy2398 That's crazy man. Is that cohabitation. Let her come over not stay😋
@@boirampai7404 Ey bafo kubi...do not live with her
She must visit and dnt leave anything😋
@@mrmanq9517 🤣🤣🤣, have you seen their reaction when you tell them not to leave anything? There’s never been a time in history when men have become so despised, hated and wanted at the same time, the system is also not helping.
Lol 😂 🤣 😂 🤣 😂 🤣 iyho so no marriage? 🙆🏾♂️
money money money these lawyers,
Dont get married.
Does that mean im intitled to half of the retirement annuity once it matures
I don't think Lobola system is outdated i think we have shifted from the fundamentals that these systems were created under and that is beacuse of the lack of leadership in Men.
How so? Those fundamentals were seen as oppressive to women, men who tried to keep culture alive were seen as patriarchal; so what leadership could men have provided?
@@boirampai7404 The Lobola system was created as an exchange of gifts between two families ( exclude the woman) these gifts were then used to prepare the wedding ceremony or given to the couple to use as a start for thier married life.
@@bunononombewu9814 ok, noted but that part about men and lack of leadership hasn’t been answered.
@@boirampai7404 leadership starts from within, Men need to be taught how value and respect themselves first. We can do that by: 1.Taking responsibility for our actions and stop making excuses. 2. We can do that by personally creating morals and principles that are congruent with oneself. 3. Loving and respecting yourself as man to not deviate from who you are because of external pressure. There are a multiple ways we can and implement but i can't express them all at ones.
@@bunononombewu9814 👌🏿👌🏿👌🏿, can’t argue with that; in short you saying we should have standards and keep to them; that is so true.
Three episodes that you missed @hustler's corner, what's up?
Its all by design. "wake up people"
gold diggers :)