Preamble
Chapter 14
Amanda's email was short and to the point. She clearly stated how very weak his position was. He knew already from their telephone conversation that Amanda was a no-frills, call-it-what-it-is person.
Re: Prenup Agreement
Amanda - Juris Law Group - to me
Hello Nathan
I'll come straight to the point; your prenup puts you at a big disadvantage in this divorce. I'll briefly outline the consequences of some clauses:
1) "That the marriage shall be subject to the accrual system in terms of the provisions of Chapter 1 of the Matrimonial Property Act, 1984 .... "
2) That for the purposes of proof of the net value of their respective estates at the commencement of the intended marriage the intended spouses declared the net value of their respective estates to be as follows ... " That of yours is Nil and hers is also Nil.
What this means in practical, layman terms is, you might as well have been married in community of property. In other words, the value of your house and investments at the time of your marriage was zero. You told me you sold for three million and you have approximately one million in unit trusts. The court has no option but to view the entire four million as accrual over the time of your marriage. Basically she has a very good chance of getting a claim of two million upheld if it went to court.
My job is to help you reduce her claim to something more palatable for you. I will start by getting a going in position from her attorneys. You have already asked for a draft settlement document. I will email or discuss this request with them and keep you posted on developments.
A lot will depend on how low we can get them in their opening position. To achieve big concessions later will be hard.
Regards.
Amanda.
"OK, This is the bad news, Nathan," he told himself. "Accept it and start figuring out how best to manage the situation. You did not work your entire life in order to give away half of your life savings. Especially not give it to someone who from the start did not have her heart in the marriage."
Not have her heart in the marriage was an understatement. The clauses of the prenup Amanda highlighted were significant. They signaled a clear intent. Even before they were married. The "nil" value of his estate was completely false. And deliberate. What was the purpose of that? It meant only one thing ... in the event of a divorce she wanted half the assets he had worked for. The only question was, was this her intention right from the start? Or had she done it as insurance?
He had been negligent in not scrutinizing what he signed. Trusting. Naive. And foolish. He wanted to belong ... he trusted that Kayla would give him the feeling of "home." Safe no matter what. Life partners.
He had never felt this trapped before. And alone. He could do nothing other than wait for the draft settlement document from Henry. Wait to see what their going in position was.
He made himself a coffee. Over extracted Americana. Over extracted was how he liked it. He'd prefer a double vodka. He did not actually think in terms of blotting out the stress with alcohol. Although that may have been an unconscious intention, he just felt like drinking. Like the alcohol itself was the answer to the stress and anxiety. Or the reward for having to suffer the stress and anxiety. He pushed the thought away. It was not the time for doing something that would inevitably lead to weeks of binge drinking. Not that there was ever a good time to go on a bender. But right now he needed to stay conscious.
What if he spent all the money? Not sensibly, just wasted it. Or hide it. Move it to some offshore account. Criminals and politicians hid their ill-gotten money in a Swiss bank. What happens when a spouse cannot come up with the money in a divorce? Could he be forced to sell everything? He had already registered the new, cheaper house in his daughter's name. Not because he anticipated a divorce. At his age it's the sensible thing to do. But now it looked like it had been fortunate. Surely the court cannot compel Linda to sell the house in order to meet his divorce settlement obligations? Or can they? If he can't pay would he have to go to jail? He was not prepared for this kind of torment.
Nearly two weeks went by, Nathan worrying and speculating. Finally there was an email from Amanda. With the long awaited draft settlement Henry had drawn up. Nathan was shocked. It was four paragraphs! Two whole weeks to come up with a dozen sentences!
The contents of the document was an even bigger shock ... outrageous demands and wall to wall typos! A slapdash piece of bad work. They demanded a car for Kayla, ten thousand a month, she will remain a member of Nathan's medical aid scheme and he had to respond in 24 hours.
He called Amanda. The 10K was more than his monthly pension. Nathan could not commit to keeping her as a member of his medical aid fund ... it was the fund's decision. Their rules may not permit an ex spouse to remain a member. The document was amateurish and vague.
They spoke for a long time and in the end agreed that Amanda would send a counter offer. Ignore the 24 hour deadline. That was just bully tactics. Nathan would agree to 120 000 for a car. He'd offer 5000 a month. But a definite no to the blanket statement regarding medical aid membership. She would draft some words to the effect that Nathan would not cancel Kayla's membership. Then emphasize that Kayla's membership was not his decision alone. It would be subject to medical aid fund and pension fund regulations and decisions.
So this was what it felt like to be in divorce negotiations. Wait ... speculate ... second guess ... pay legal costs ... wait some more.
Kayla texted him. She needed money. He did an EFT. It was the right thing to do. He also realized that there was a part of him that did it out of fear. Afraid he may provoke her. He had lost his appetite. He ate because it was the right thing to do. He was plagued with constant nausea, his fear signal. He realized that it was due to being powerless and having to face up to the possibility that all he'd worked for was at stake. Amanda had assured him that the veiled threats by Henry was just noise. "They don't want to go to court. It's expensive ... they are trying to bully you into a quick settlement," she told him in one of the telephone conversations.
Nathan wondered how she was balancing the two major issues. On one hand she certainly wants to rescue him from huge maintenance cost. But on the other hand, the longer arguments are dragged out the more her law firm earned.
She may be correct. Perhaps they were loathe to go to court with the matter. But it did little for his peace of mind. He was constantly nauseous, didn't feel like eating and spent half the night awake most nights. He felt ill. He did not want to live with this constant stress. Fear.
Nathan was also concerned about his health. When he walked with Munch, mild exercise, he had to sometimes stop and rest on uphills. One could argue that it was dependent on how fast he was walking. But there was another indicator that all was not well. He was in the habit of drinking a mug of water first thing in the morning. For a number of days now he noticed that he could not drink it down in one go. By the time he'd drunk three quarters he was out of breath and had to stop. Then finish the water at the second attempt.
He tried taking a few deep breaths before putting the mug to his mouth ... He'd seen divers hyper ventilating to increase the time they could go without air. But a number of mornings now, even with doing that, he could not finish a whole mug of water without a break. He'd keep an eye on this. For now he was aware and concerned, not worried.