Section 28 of the Constitution of South Africa entitles every child to “basic nutrition, shelter, basic health care services and social services”. The duty, which this section refers to, has been determined by our courts to relate to the duty of support for a child. The child’s parents and family members have a legal obligation in law to support their child.
The duty of support applies to every biological parent of a child irrespective of whether the child was born from a civil marriage or not.
Spousal maintenance may be applicable both during and after the divorce.
We will assist you in explaining your legal right to maintenance, the duration and amount that would be applicable in law to your specific circumstances. Contact us to set up a consultation to discuss both your right to claim maintenance as a spouse and / or for a minor child / children alternatively the extent of your obligation to pay maintenance in respect of your spouse and / or minor child / children.