By Sasha Goldstein Attorney In South African law, the term maintenance covers a parent’s duty to support their child/children. The responsibility extends to, among other things, accommodation, food, clothes, medical and dental attention, and all other necessities of life on a scale in line with the parents’ social position, lifestyle, and financial resources[1]. South African… Continue Reading
Claiming spousal maintenance after divorce – a debate
A very common question that often sparks debate is whether a party can claim interim, or temporary spousal maintenance from an ex-spouse after a divorce order has been granted. Rule 43 provides as follows, “this rule shall apply whenever a spouse seeks relief from the court in respect of…”(a) maintenance pendente lite, (b) a contribution… Continue Reading
Failure to Pay Maintenance
What legal steps can you take if your spouse fails to pay maintenance? Failure to Pay Maintenance What legal steps can you take if your spouse fails to pay maintenance? Your spouse has been ordered to pay maintenance in terms of a divorce order or maintenance court order. If he fails to do so, the following… Continue Reading
Maintenance order in favour of an ex-wife terminates on the death of the ex-husband
Unless the agreement of settlement concluded between divorcing parties expressly states so, a maintenance order in favour of an ex-wife terminates on the death of the ex-husband. Maintenance orders terminate on death of ex-husband Unless the agreement of settlement concluded between divorcing parties expressly states so, a maintenance order in favour of an ex-wife terminates… Continue Reading
Woman married under Islamic law gets maintenance
A woman married in terms of Islamic law has been granted interim maintenance for herself and her daughter pending her divorce, despite her partner claiming that no marriage existed. See the case here The case has brought marriage in terms of Muslim law under close scrutiny by the courts, says a Daily Dispatch report. The… Continue Reading
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