Popular Divorce Questions: What are my Entitlements?

How much money/property do I get after a divorce, if I’m a homemaker?
The law on division of matrimonial assets ensures that a just apportionment of matrimonial assets is provided to the homemaker, even though most of the assets were acquired by the sole effort of the other working spouse. This is not limited to female homemakers, but includes male homemakers as well.

The assets liable to be divided are both the assets acquired by joint efforts and sole efforts, as long as it is acquired during the marriage. This is because the law recognizes both monetary and non-monetary efforts as an important contribution in the acquisition of property.

The courts will divide the assets in a fair and reasonable manner, taking into account all the relevant circumstances

A top divorce lawyer experienced in handling matrimonial assets claims will be able to advise you on your position.

When must I apply to court to obtain a judgment for the division of matrimonial assets?

Typically, the court divides the matrimonial assets when granting or subsequent to the grant of a judgment of divorce or judicial separation.

However, late applications may exceptionally be allowed. Past cases have shown that an application 7 years late may be accepted, if leave of the Court is granted. A good reason for the late application must be shown.  If you are late in applying for a division of matrimonial assets, an experienced divorce lawyer will be able to advise you on the merits of your claim.

What if I already entered into an agreement with my other spouse, as to the division of property?

In exercising its power to divide matrimonial assets, the court will consider any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce.

Even so, the courts will still scrutinize the fairness of marital agreements before it follows the substantive terms of the marital agreement.

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