Page 78 - The Circle of Life

Dividing the joint estate

It occurs in real life that one of the spouses acts in such a way that the interests
of the other will be seriously jeopardised if not stopped and in such cases the

court may (on application or motion) order the estate to be divided into equal
shares or whatever the court thinks is fair. It may even change the in

community dispensation to one of out of community but this will entail notice to
all creditors who most probably will object or want other security for the debts

which is only fair and reasonable. Everyone in this world looks out for number
one and you can read that in my book Your Worst Enemy where I say pay

yourself first.

Charity does start at home.

Many a client asked me what they should do after they got themselves married

in community and my answer is always get divorced and marry again. Changing
a marriage dispensation is just too much hassle to get through court. Funny

enough it is almost always the men who then wonders aloud if his wife will
marry him again and want all sorts of promises from her to do so. These

promises mean nothing in law being against the good morals of the public and
unenforceable. Tough luck mate! Why are you wondering in the first place?

Keep in mind as a married man you cannot be legally betrothed at the same

time so if she refuses it is not breach of promise as we discussed somewhere
before. You better hope she marries you again for she cannot be forced against

her will as you also know. Seriously, most of the objections are of a religious
nature which I respect and then we burn money to change it via the courts. It is

a difficult process. Time consuming and expensive!

What rights do you have as a married person in law?

This is not about the financial consequences as such but your rights as a human

being now that you are married regarding your spouse. Keep in mind please this
is for all dispensations and not only where you are married in community of

property. It comes naturally to you as spouse and you don't need to apply for it
or register it or anything like that.

77