Maintenance is governed by the Maintenance Act 99 of 1998.
Who Can Claim Maintenance?
- Minor children
- Adult dependent children
- Spouses or former spouses
- Certain caregivers
Maintenance is based on:
- The needs of the claimant
- The means of the respondent
Failure to comply with maintenance orders is a criminal offence, reflecting the seriousness with which South African law treats support obligations.
Protection Against Domestic Violence
The Domestic Violence Act 116 of 1998 provides expansive protection against:
- Physical abuse
- Emotional and psychological abuse
- Economic abuse
- Harassment and intimidation
Victims have the right to:
- Protection orders
- Emergency relief
- Enforcement mechanisms
Recent legislative amendments continue to strengthen protections for vulnerable persons.
Your Rights in Custody, Care, and Contact Disputes
South African courts no longer use rigid “custody” models. Instead, they focus on:
- Primary residence
- Shared parental responsibilities
- Structured contact arrangements
Rights are balanced against responsibilities, with the child’s welfare remaining decisive.
Rights of Extended Family Members
Grandparents and extended family members may assert rights to:
- Contact with children
- Care and guardianship (where appropriate)
Courts recognise the importance of extended family relationships, particularly in cultural and customary contexts.
Access to Courts and Fair Process
Every person has the right to:
- Access courts
- Legal representation
- A fair and impartial hearing
Family law courts are required to manage matters sensitively, efficiently, and in a manner that minimises harm—especially where children are involved.
Conclusion
South African family law is dynamic, constitutionally infused, and deeply human-centred. Your rights are not determined solely by marital status or traditional labels but by fairness, dignity, and the lived realities of family life.
Whether asserting parental rights, seeking protection, or navigating divorce, the law provides robust mechanisms designed to protect vulnerable parties while promoting equitable outcomes. Effective legal advice remains essential, as family law rights are often nuanced and fact-specific.
Understanding your rights is the first step toward enforcing them.