Page 101 - The Circle of Life

As far as I am concerned this is the only fair system to marry under. It has to do

with the growth of the estates after marriage for it happened that the woman
stopped working as soon as the first child arrived and becomes a home carer. In
the meantime as the years go on her husband continues to climb the corporate

ladder. Then 25 years down the line he meets someone younger and divorces

his wife to be with the new one. His estate (all his own) is now substantial whilst
his wife's is non-existent. Thus he walks out with all his money and the wife with
nothing. This cannot be right nor fair and the reason why the accrual system is

on the law books.

It means that you still have two separate estates and (unless you stand surety)
total protection from each other's debts. But, when in the divorce court it also

means that the court looks at the value of the two estates and deducts the
smaller from the larger. It does not matter if the smaller belongs to the husband

or wife and in these days it frequently belongs to the wife. The smaller estate
spouse is awarded half of the difference of the two estates. I am sure you will

agree this is very fair but the problem comes in when a spouse hides assets and
the actual value cannot be determined.

My legal consultancy is called upon quite often to ensure that assets are not

hidden but in all honesty if the man is ring-fenced properly (and most would be)
there is not much you can about it. However, the courts do lean backwards to

establish a fair deal for both parties. Divorce, as you will see is seldom an easy
get rich quick scheme. Less than 1 percent of the divorcees are better off

financially than before. Only lawyers and other experts make good money out of
divorce and the more you argue about nonsense the worse off you will be.

During settlement in divorce your attorney must include a clause stating that

any hidden assets which comes to light after the divorce, will entitle you to 50%
of its value. Since this is inexcusable behaviour that spouse must also pay the
costs to recover and or finding of such assets. Note this is only where you are

married in community or out of community with the accrual system.

When the antenuptial is first drafted both parties must declare the value of their
estates at that stage which is called the "commencement value." Many lie during

this process which bodes badly for the coming marriage. It is possible to legally

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