Tag: Maintenance

Claiming Maintenance Outside South Africa
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 […]

Spousal Maintenance Does More Harm Than Good
The House of Lords in England recently passed a bill calling for a three year cap to be placed on spousal maintenance payments, heralding the end of a long tradition of awarding women endless support by their ex-spouses. About time! Why are ex-wives (especially housewives and stay-at-home mothers) so often still awarded such large sums […]

Maintenance is NOT a Reward
Joint or Dual Custody encompasses both physical custody, which pertains to parents’ right to have the child live with them as well as legal custody, which refers to parents’ right and responsibility to make decisions and care for their child. Conversely, the child has the right to joint guardianship, which encompasses the right to live […]

Maintenance Defaulters Beware!
President Jacob Zuma has signed the much-criticised Maintenance Amendment Act (Act No 9 of 2015) into law‚ a statement said today. “The aim of the Act is to amend the Maintenance Act‚ 1998 (Act No 99 of 1998)‚ in order to improve the maintenance system‚” the Presidency said. The Act‚ the statement said‚ seeks to […]

Maintenance
Maintenance is the obligation to provide another person, for example a minor, with housing, food, clothing, education and medical care, or with the means that are necessary for providing the person with these essentials. This legal duty to maintain is called ‘the duty to maintain’ or ‘the duty to support’. A child must be supported or […]

Economic Abuse
Definition: When one intimate partner has control over the other partner’s access to economic resources, diminishing the victim’s capacity to support him/herself and forces him/her to depend on the perpetrator financially. Control of someone’s present or future earning potential. Economic abuse is often used as a controlling mechanism as part of a larger pattern of […]