She did not bring anything so my brother doesn't have anything that belongs to her. Her contribution was zero( or negative). My brother has all transaction proving that. Her lawyer also asked for my brother's supper. How do they treat super in the settlement?
SA Property Settlement After Divorce?
- Thread starter Purvi Mehta
- Start date
Super is often treated the same as a house. If there is no splitting of the house, there is unlikely to be splitting of super.
My brother saw a lawyer. The lawyer suggested to settle and not go to court They are saying since her contribution was zero offer her 30%.
However I don't see why should we offer 30% when she has not contributed at all and has taken money from my brother instead. Please offer your advice.
However I don't see why should we offer 30% when she has not contributed at all and has taken money from my brother instead. Please offer your advice.
Thanks Rod.
Do you or someone you know has any experience with such cases? I have none so just asking.
Also, since she falsely accused my brother of domestic violence I was wondering my brother can sue her for defamation.
Seems like she is not over my brother and so bothering him by legal notices. I was wondering if the sue case will shut her up.
Do you or someone you know has any experience with such cases? I have none so just asking.
Also, since she falsely accused my brother of domestic violence I was wondering my brother can sue her for defamation.
Seems like she is not over my brother and so bothering him by legal notices. I was wondering if the sue case will shut her up.
Sorry, I don't know anyone in SA.
He can sue for defamation, but this is not DIY and a lawyer will be needed. The first step is a cease and desist notice and it can sometimes be worthwhile paying for the letter to be sent if there are flow-on effects the brother is trying to stop (eg with employment). Normally not worth the effort if it is just family and friends are being told. However I don't know the importance of personal reputation in some migrant communities which can place a higher value on personal reputation than others in the community.
Depending on the type of notices there may not be much he can do. If she is initiating multiple frivolous court actions he can have her declared vexatious meaning she has then has to convince a court she has a valid claim before they'll let her start a case.
He can sue for defamation, but this is not DIY and a lawyer will be needed. The first step is a cease and desist notice and it can sometimes be worthwhile paying for the letter to be sent if there are flow-on effects the brother is trying to stop (eg with employment). Normally not worth the effort if it is just family and friends are being told. However I don't know the importance of personal reputation in some migrant communities which can place a higher value on personal reputation than others in the community.
Depending on the type of notices there may not be much he can do. If she is initiating multiple frivolous court actions he can have her declared vexatious meaning she has then has to convince a court she has a valid claim before they'll let her start a case.
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