“The Law Is Unfair”: Lawyer Explains How Wives Can Be Liable for Their Husbands’ Kids, SA Stunned
- A local lawyer explained how the type of marriage a couple chooses can have a direct impact on a wife's financial responsibility for her husband's children from a previous relationship
- The informative clip, shared on TikTok, detailed the legal differences between marriages in and out of community of property and how that affects child maintenance
- Social media users responded with a mix of gratitude for the valuable information, more questions about prenups, and a growing sense of doubt about certain marriage types
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Source: TikTok
An informative video shed light on the complicated legalities of marriage and its impact on financial obligations, captivating a large online audience.
The detailed clip, shared on TikTok by user @legalames, generated a wide-ranging debate among social media users.
In the clip, the local lawyer explains that if a woman marries a man who already has children from a previous relationship, her financial obligations can change depending on the type of marriage contract they have.
She clarifies that if a couple marries 'in community of property,' a baby mama could claim maintenance not just from the husband, but also from the wife. She explains that this is because the court would consider both their financials due to the joint estate they share.
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Legal advice on joint estate
The lawyer then contrasts this with other marriage types, such as those with accrual or without accrual, but 'out of the community of property.' She explains that with these types of marriages, a baby mama cannot claim from the wife. The legal reasoning, she details, is that the wife is not the biological parent and does not share a joint estate with the husband. She concludes the video by stressing the importance of getting a prenup, saying that it is a critical step that protects a person from such situations.
Source: TikTok
SA probes for more info
The clip gained massive views, likes, and comments from social media users who had many questions and a lively debate about the information. Many commenters expressed their gratitude for the valuable legal insights, thanked the lawyer for shedding light on such a complex and important issue. They noted how helpful it was to have this information, since it is not widely known.
The information also sparked a significant debate, with some users questioning the purpose of a joint estate marriage. Others shared personal stories of loved ones who were in similar situations, having to financially support their husbands' children from previous relationships.
User @nicky.not.wildt said:
"I got married with a prenup that had no accrual. Baby mama didn't know and took him up for maintenance, thinking she was going to get me to pay. Needless to say, she got a shock when she mentioned that he has a wife, and the magistrate said; So what😂."
User @Nicky Molly commented:
"Hi, at which stage of maintenance do they ask for the other spouse's financial information?. I am asking because the baby mama told the Maintenance officer that he's married and should also bring the partner's financials, but the maintenance officer told the baby mama that the spouse has nothing to do with this."
User @Sello Bambo said:
"This is not fair."
User @B advised:
"Get a prenup✍️."
User @withlove shared:
"Haibo 😭 this is so wild."
User @Nomandla_89 commented:
"The law is unfair 😒. Soze mna shame zingalima ziye etyeni (I'd never do that, they can see what to do with me).
Watch the TikTok video below:
3 Briefly News articles about marriages
- A local lawyer offered important legal advice on prenuptial agreements specifically tailored for African couples about to start the lobola custom.
- A video of a man giving his lawyer an angry stare during his sentence hearing went viral, sparking debate about the risks of the profession.
- A kindhearted lawyer shared a video of herself and asked people to circulate it until it reached Cwecwe's mother, offering to provide her with legal assistance pro bono.
Source: Briefly News
