By operation of law, the liability to maintain someone is based on three factors: firstly, the claimant’s inability to support himself or herself; secondly, his or her relationship to the person from whom he or she claims support; and thirdly, the latter’s ability to provide support. The common law and the Children’s Act recognise that parents are the primary caregivers of their …
Maintenance and Divorce: All you need to know
The court may grant an order that one party should pay the other party spousal maintenance during and after divorce proceedings. Whether a spouse is entitled to receive spousal maintenance rests in the hands of the court and is regulated by section 7 of the Divorce Act 70 of 1979. The parties can opt to settle the matter of spousal maintenance in …
How to apply for spousal 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’. The duty to maintain is based on blood relationship, adoption, …