Pabi Moloi insists she was never married as 'husband' demands half her estate
Media personality Pabi Moloi has reportedly denied getting married to Ruan Adams.
According to Sunday World, the Power 98.7 presenter said “there was no marriage” between herself and Ruan Adams. This was amid reports that he claimed to be ending their “marriage” and wants 50% of their estate because their customary marriage was recognised by law as marriage in community of property and he had proof he paid lobola.
Attempts by TshisaLIVE to get comment from Adams and his representatives, and Pabi were unsuccessful at the time of publishing this article. An update will be included once received.
However, Pabi's legal representative Vanessa Da Silva of Ulrich Roux & Associates said their client did not wish to comment on the matter.
The matter has sparked a debate on social media, with people questioning whether he is deserving of her estate.
The Pabi Moloi situation yet again highlights the importance of having a solid marriage contract in place.— DuchessOfSandton (@DuchessOfSanton) April 10, 2022
It's not you wishing divorce, but shit happens and marriages do unfortunately end. Don't get caught fighting over panties and spoons when you want to go divorce route.
David Thomson, senior legal adviser at Sanlam Trust, explained to TshisaLIVE that if a spouse can prove the marriage exists, they can claim a percentage of the estate.
“A marriage is a marriage. The Maintenance of Surviving Spouses Act applies. The Divorce Act also applies and both parties may seek redress in terms of the divorce.
“The default regime is in community of property, unless an ante-nuptial contract was concluded before the marriage was entered into. So it may well be, that if the parties were actually married and now divorce in a court of law, the joint estate will be split 50/50.”
Divorce affects 40% of couples before they reach their 10-year anniversary and has a great effect on their finances.
Head of channel and segment marketing at Sanlam Lee Hancox shared the lessons she learnt while going through her own divorce, the immediate actions to take and the costs to be aware of in a statement shared with TshisaLIVE.
“If you have children, your adviser may suggest that you take out a life insurance policy specifically to cover maintenance obligations. Not having this could lead to uncomfortable situations should your ex pass away.
“Maintenance is a preferential claim on the estate, which means your ex-spouse’s beneficiary may be forced to sell assets, to free up cash to cover your claim. You will also need to consider making changes to your retirement planning, especially if your ex is entitled to half of your pension,” explained Hancox.
Take a look at some of the tips she suggests for anyone who is going through a divorce:
- Ensure your divorce settlement makes provision for your child’s education costs, including tertiary education.
- Make sure maintenance payments increase in line with inflation. Be cognisant of the fact that maintenance and visitation rights are treated separately. Understand your rights and responsibilities.
- Consider if you need to change jobs to account for your change in income.
- Update your will ASAP! You have three months to change your will, or the law will deem that it was your wish that your ex-spouse inherits.
- Review your estate planning with your financial adviser and consider setting up a testamentary trust to ensure the assets you’re leaving to your children are properly managed.
- Check what you and your ex-spouse have signed surety for in the past and ensure any sureties you may have signed are cancelled.
Would you like to comment on this article or view other readers' comments? Register (it’s quick and free) or sign in now.
Please read our Comment Policy before commenting.