Interim Maintenance for a Life Partner: Is South African Law Shifting?
Maintenance after a relationship breaks down has long been treated differently depending on whether a couple was married. Spouses have a statutory route to interim and final maintenance under the Divorce Act 70 of 1979. Unmarried life partners, however, have had to rely on the common law, with the courts historically reluctant to impose a […]
I can no longer afford to pay maintenance, what should I do?
Summary: Many of us are still recovering from the harsh effects of the Covid-19 pandemic. Some of us are faced with the issue of not being able to meet our financial obligations. One such obligation could be a maintenance order. South African law, imposes harsh sanctions on maintenance debtors who fail to adhere to their […]
Maintenance and children not born from a marriage
First things first, the woman claiming child support for a child born out of wedlock must prove paternity. In Sager v Bezuidenhout it is clear that both parents must contribute to the minor child’s needs and expenses. These expenses include any reasonable expenses that are considered in the best interest of the child, whether it […]
Maintenance of Surviving Spouse
The idea of freedom of testation is a core value of South African law and enjoys wide protection. The Maintenance of Surviving Spouses Act, 27 of 1990, was drafted to give a spouse legal recourse if disinherited or negatively affected by the wishes of the testator, or in the case of intestate succession. The goal […]