Key Practice Areas
Green Light For Property Settlement Proceeds
Tuesday, October 31, 2017
Case Reference: 134437
The Situation: Our client was separated from her husband and required the settlement of matrimonial property. The case involved a substantial property pool. During negotiations the wife unilaterally sold a property which was held in her sole name. She did this without the husband’s knowledge and before the case was finalised. The husband filed an urgent application to court arguing that the sale should not proceed on the basis that he had a personal attachment to the property.
The Result: We successfully opposed the husband’s application and the sale was allowed to proceed without any adverse consequences for the wife. The parties were then ordered to attend mediation where we successfully argued that the wife should receive the majority of the assets in the property pool on the basis of the disparity between the parties’ income-earning capacity. Our argument was accepted, the case settled and the wife happily received the majority of the net matrimonial property pool.
As every case is different, the cases reported here cannot be taken as an indication of a similar outcome being likely in your case, and these reports are not to be taken as legal advice about your particular situation.