Legal Talk

This includes a right to fifty percent of the other spouse's pension interest, retirement annuities, endowment policies, bank accounts, investments, shares, immovable property and so on. If the couple is married by ante-nuptial contract with the accrual system, we would need to ascertain the value of each of the spouse's assets. In this way the appropriate adjustment can be made to work out what the one spouse would be entitled to receive or what he or she is required to pay to the other spouse.

I often ask my divorce clients to gather as much information about what the assets are in both their names, the name of the spouse, or any business or corporate entity in which the client or the spouse may have shares in or have any right, title or interest in. I found in my 24 years of legal practice that most people facing or undergoing a divorce would do their utmost to prevent their spouse from gaining access to his or her financial and property records.

I would recommend that the following list of documents should be provided to your divorce attorney. These would include documents such:

• All bank statements in the name of your spouse or in the name of any company, close corporation or Trust in which your spouse has shares, or members interest or is a beneficiary in;
  
• Trust Deeds in which you or your spouse or the minor children are beneficiaries;
  
• In the case of companies, copies of Articles of Association or Memorandum of Incorporations
  
• In the case of close corporations, copies of the Founding Statement;
  
• Details of all pension or provident fund or retirement annuities;
  
• Details of all investment accounts;
  
• Copies of any lease or rental agreement of immovable property either as a tenant or as a landlord;
  
• Copies of all credit agreements with any financial institutions;
  
• Details of any mortgage bond on immovable or movable property;
  
• Details of any loan agreements made either as a lender or borrower;
  
• Copies of any shareholder or partnership agreements;
  
• Copies of insurance policies;
  
• Details of all income tax records'
  
• Details of where title deeds to immovable property are housed;
  
• Details of all motor vehicles, boats, aircraft registered in you and your spouse's name;
  
• Copies of credit card statements.
  

By providing the attorney with all this information, you can draw up a more realistic schedule of assets and liabilities regarding what you would be entitled to claim from your spouse. It also puts your attorney in a stronger position to negotiate a better deal for you, in working a possible settlement agreement.

Know your rights! The Law Desk of Fawzia Khan & Associates. Giving You the Power of Attorney. Email fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance at competitive rates.