South Africa has reciprocal enforcement agreements with several countries, so maintenance can be claimed from a person living in those countries.
Where one of the parties reside in a proclaimed country or territory under this agreement, the process of claiming maintenance between the two countries can be followed through diplomatic channels. It takes approximately 12 months for such an order to be registered in a proclaimed country.
Read What is Maintenance?
South Africa has reciprocal enforcement agreements with the following countries:
| Australia Capital Territory – New South Wales – Northern Territory – State of Queensland South Australia – Tasmania – State of Victoria – Western AustraliaBotswanaCanada Alberta – British Columbia – Province of Manitoba – North West Territories – Province of OntarioCocoa (Keeling) IslandsCyprus Fiji Germany Guernsey (Bailiwick of) Hong Kong Isle of Jersey Isle of Man Kenya Lesotho
|
Malawi Mauritius Namibia New Zealand Nigeria Norfolk Island Sarawak Singapore St Helena Swaziland United Kingdom United States of America Zambia Zimbabwe |
The Reciprocal Enforcement of Maintenance Orders Act, 1963 (Act 80 of 1963) and section 10 of the Maintenance Act, 1998 (Act 99 of 1998) applies.
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Documentation required for this process
a) Four certified copies of the provisional court order.
b) An affidavit by the complainant or an officer of the court as to the amount of arrears due under the order.
c) The deposition affidavit or evidence of the complainant.
d) Birth certificate (s) of the child or children.
e) The marriage certificate (if applicable).
f ) A photograph and description of the defendant.
g) The exhibits referred to in the complainants deposition, affidavit or evidence duly endorsed as prescribed above.
h) Three certified copies of the documents referred to in (b) and (c) above and in the event of the High Court, four copies as
well as an additional copy of the order of court are required.
i) Physical residential and or working address of the defendant in a proclaimed country.
Download a PDF document with details about the procedures
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This is an extract from an article originally published on www.justice.gov.za
Published by Sinta Ebersohn (Creator of fairdivorce.co.za – Cape Town RSA)