Divorce Settlement

Good Day

I would like to state my issue and dissatisfaction with how my matter at Old mutual Superfund is being handled. Ref Member Number: B780867B

March 2023, I filed for divorce against my then husband and ***orker Mr Ndebele where we went to and appeared at the court. On our first appearance the judge granted the divorce with 50% of his pension fund to be paid to me, but his attorney (Mr Mthonti) then dismissed the granting of the divorce due to the fact that there was a house in question that me and the defendant are the title holders of. I was then advised by the court and the defendant’s attorney to go and look for my own attorney who will help me in this matter, the said attorney filled some forms for me and told me to go to legal aid and apply for legal assistance. I went to legal aid and app**** for an attorney which I was granted by legal aid. While in the process of the divorce the defendant was then dismissed at work in November 2023 and later that year his attorney called me and pleaded with me that his client has a request and asked if we can speed up the divorce process because his money is now tired up and he cannot claim from his pension fund because of the divorce, he has no job and is hungry. I told his attorney that the issue needs my attorney as well as I cannot make that decision by myself. He asked for my attorneys’ details, and I directed him to my attorney’s office that’s when I was called in because the defendant was asking for a meeting. It was then discussed that for the matter to be finalized the defendant will need to buy me and the children a house and give me 50% of his pension fund. On our follow up meeting on the 20th May 2024 the defendant retracted his statement about buying us a house and I opted to buying him out of the house that I and the children live in. That was the agreement between us and then on our final court date which was on the 08 July 2024 the divorce was finalized by the court and as per the divorce decree I am to receive 50% from his pension fund and buy him out of the house with an amount of R139000. After the divorce was finalized still awaiting the divorce decree, On the 19th of August 2024 I saw the defendant s attorney at our workplace going to the HR department and then the defendant came to see HR on the 20th of August 2024. That time I was not sure why they came to see HR. On the 23rd August 2024 I went to fetch the divorce decree and was advised by the court to go submit the paperwork at Old mutual I went to Old mutual Germiston branch and was put on the phone and I was asked to email all docs to ***. I then also went to our HR department and advised Mr Maseko who has known about the divorce since March 2023 that the divorce has been finalized and asked what is the way forward, He gave me information of a lady that I can speak to regarding this whose name is Thembeka Cele who after I contacted advised the defendant has just submitted the claim on the 20th August 2024 but on the claim he submitted as someone who was dismissed from work and that when asked if he was going through a divorce he said NO and then she asked that I send her all the paperwork to her via email. After sending her the paperwork Thembeka did not respond and acknowledge my emails It was also me who had to do follow ups with her and ask for progress regarding the matter. After a few weeks I called her again and she told me that Old mutual will not entertain the divorce settlement/court order and the defendant will get his 100% of his pension as someone who was dismissed from work. This you can clearly see that as much as the defendant agreed to the settlement in court but there are some *****ulent activities that he is busy with, 1. Why after he was dismissed in November 2023 would he only go claim for the pension fund now in August 2024 after the divorced was finalized 2. The HR from ***atri Paper Mills Mr Maseko was aware of the divorce because the pension fund number of the defendant I had enquired during the divorce proceedings, I got from him why he failed to inform Old mutual ( Thembeka Cele )with what was happening Is still puzzling 3. The defendant Mr Ndebele failed to inform Old mutual and was dishonest when claiming for the pension fund. 4. Why is the court order being disregarded in this matter by Old Mutual, according to what was said in the court of law that decree of divorce stands and bypasses everything else. The defendant agreed, signed and took an oath in the court of law that he understands and agrees with everything with regards to the settlement now to go and dismiss that according to me is *****. I have asked for the pension fund not to be paid out until proper investigation is done and I am paid what is rightfully mine and my children, that is all I ask for and that is the help that I am not getting from Thembeka and Old Mutual. While I am still waiting for Thembeka Cele and their legal department to revert back to me I will not rest until justice is done.