Page 75 - The Circle of Life
P. 75

You cannot borrow money or create debt alone. Fair enough you say but this is

               very bad for it also means you then become the co-principal debtor and liable for
               the new debts of your spouse. Really it is everything you don't want.


               Nor  are  you  legally  able  to  sell  investments  meaning  shares,  stocks, insurance
               policies and fixed deposits. Your spouse must agree also for you can do nothing

               legally  on  your  own.  Additionally  anything  of  value  like  jewellery  or  coins  or
               stamps or art falls under investments if (and only if) it is held as investments.


               To  complicate  matters  further  the  law  understands  that  sometimes  the  spouse

               must  do  the  above  in  the  natural  cause  of  your  business  and  then  you  don't
               need  the spouse's permission. As you can  imagine this led to many court cases

               through the years and the courts look closely at what business  he is involved in.

               Then  we  have  other  instances  where  you  do  not  need  consent in writing. Note

               please this does not mean no consent. You still need consent but not in writing.
               This may be to sell off furniture or other effects excluding the above mentioned

               of  course.  Or  to  receive  money  due  for  salary,  royalties,  pension  or  other
               professional  services  rendered  in  business.  Practically  your  boss  doesn't  need

               your husbands' permission to pay you your salary for your professional services
               rendered.


               Yeah  the  word  professional  services  created  a  lot  of  guffaws under us students

               when  still  at  law  school.  As  an  embarrassed  professor  (he  was  old  school,
               wonderful brain) explained that since prostitution is illegal to start with (not in all

               countries  in  isn't)  the  other  spouse  could  not  agree  legally  to  receive  fees  on
               such  services  anyway.  Simply  it  means  money  earned  legally  including  things

               like  insurance  pay  outs  and  income  derived  from  renting  of  separate  property
               which does not form part of the joint estate.


               You  are  allowed  to  make  small  donations  which  will  not  prejudice  the  joint
               estate. What is reasonable will depend on how much money you have. There are

               no  fixed  limitations  because  of  this.  For  some  couples  100g  is  nothing.  For

               others  it  may  be  a  fortune.  It  is  all  about not prejudicing the other spouse. In
               practise this may come down to expensive (or not) gifts to the mistress.





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