Maintenance
Maintenance What you need to know Maintenance is money paid by a responsible person at periodic intervals or at once to a dependant for the dependant’s up keeping and other living needs. Dependant means a person who by law is supposed to be maintained by the responsible person, who could be minor child (Child below 18 years); a major child (above 18 years) who is not capable of looking after himself because of some mental or physical disability; a spouse, a divorced spouse; stepchild or adopted child who is a minor or a major who has to be maintained at law. Responsible person means a person who at law has the duty to maintain another person. Maintenance is claimed in the Magistrate’s Court (Civil Division) or in the High Court (Civil Division). The claim for maintenance is made either by way of a court application or through summons. The application for maintenance or the summons must state the name and address of the person seeking maintenance, how the person is a dependant, and the person’s maintenance needs. The matter will then be set down for hearing in the the appropriate court where a maintenance order will be granted. A person may approach the appropriate court to have an existing maintenance order varied. An existing order will be varied on application to the court. The person seeking a variation must state on affidavit why he/she requires a maintenance order to varied. Reasons for seeking variation may include increase in the income of the responsible person, increase in the needs of the dependent or loss of value in money due to inflation. A maintenance order can be discharged by the court at any time for any good cause shown, e.g that the responsible person is no longer capable of contributing maintenance, the child being maintained is now self-supporting, the person being maintained has died etc. To be on the safe side, involve your lawyer through and through Contact us any time with any questions and set up an appointment with our lawyers for full legal advice. Call us on 04 752870
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Divorce
Divorce What you need to know The court does not force parties to divorce. The court does not force any party who wishes to divorce to remain married. If your marriage is registered in terms of customary law divorce is granted at the Magistrate’s Court. If you are married in terms of an unregistered customary law union, how the property of the union can be shared is determined at the Magistrate’s Court. If you are married in terms of the general law (Marriage Act Chapter 5:11) divorce is granted at the High Court. If you have children, the divorce court will deal with issues of custody, access and maintenance of the children. All issues to do with the children are determined on the basis of the best interest of the children and not the parties to the marriage. Maintenance is determined on the basis of the means of the parties. If you have property (Houses, cars, furniture, etc), the court will equitably share property between the spouses. Distribution of assets of the spouses is based, amoung other things on the length of the marriage and the parties’ direct and indirect contribution to the acquisition of the property. A person who wishes to divorce must give valid reasons for the breakdown of the marriage such as adultery, cruelty, violence, desertion, and denial of conjugal rights. Divorce can be granted by the consent or agreement of the parties or after contestation at trial. To learn more, seek out complete legal advice Contact us any time with any questions and set up an appointment with our lawyers for full legal advice. Call us on 04 752870
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