A new ruling by the Supreme Court of Appeal has resulted in a change to how maintenance is required for a child during divorce proceedings.
A new Supreme Court of Appeal ruling has changed the way in which children over the age of 18 are considered in maintenance claims during divorce proceedings in South Africa.
Taking section 6 of the Divorce Act into consideration, the SCA ruled that an adult dependent child is not automatically joined to divorce proceedings. In terms of the section, parents of a minor or adult-dependent child have a statutory and common law duty to maintain their children in accordance with their respective means, and this duty is not terminated by way of a divorce, said Truyens.
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