Maintenance and major children – when does the duty to support children end?

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

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