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Suing for maintenance after a divorce

A woman who was divorced three years ago is now claiming that she did not get all her entitlements.

"We were married for 14 years, but after a while we were not getting on so I decided that I wanted a divorce," the woman said.

"We went to a lawyer before we were divorced three years ago, and the lawyer drafted a settlement agreement to which we both signed. Last month I was looking over the settlement but because I was very depressed at the time I did not make any specific demands on his assets.

"There were two dwelling houses and I agreed for one of them to be transferred to me and I agreed then that I would take $2 million that was in one of our accounts.

"Now when I check out the assets I realise that my former husband got most of the things. He got a house and three lots of land in addition to $5 million which he had in a bank account and the farm he bought after we got married".

"I am now reviewing the settlement and although I had agreed to it when we went to the lawyer, I think I should get one of the lots or the value of the money for it.

"I spoke to my former husband and told him that cost of living had gone up and he should at least give me $2 million more as compensation for one of the lots of land, but he refused saying he was the person who went abroad and worked hard to buy his properties. I told him I was not working now but he said that was not his concern.

"Do you think I could sue him now for maintenance"? the woman queried.

There is no likelihood that you will get an order for your former husband to maintain you at this stage since you have already divorced him and you are no longer his wife. You will also have to bear in mind that both of you arrived at a settlement before the divorce.

Section 12 of the Maintenance Act states that "Every man shall be liable to maintain his wife , irrespective of her being able to maintain herself."

 
August 8, 2008
 

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