1

INTRODUCTION

2

MARRIAGE

3

Draft Marriage Bill (2023)

4

Civil marriages

5

CIVIL UNIONS

6

African customary marriages

7

Muslim and Hindu marriages

8

The rules of civil marriage

9

DIVORCE

10

Divorce in a civil marriage

11

Ending an African customary marriage

12

Ending a Muslim or Hindu marriage

13

The Family Court

14

Arrangements made at the time of divorce

15

CARE AND PROTECTION OF CHILDREN

16

Laws that apply to child care and protection

17

The Children’s Act and Children’s Amendment Act

18

Summary of the Children’s Act

19

Overview of important sections of the Children’s Act

20

CUSTODY, GUARDIANSHIP AND SUPPORT OF CHILDREN

21

Custody or care

22

Guardianship

23

The duty to support children

24

Parental responsibilities and rights

25

Children of African customary unions

26

Children of Muslim or Hindu marriages

27

Adoption of children

28

CHILD ABUSE AND NEGLECT

29

Laws protecting abused and neglected children

30

Reporting child abuse

31

Stopping child abuse using the Domestic Violence Act

32

Child sexual abuse

33

Removing children from abuse or neglect

34

Foster care

35

ABORTION

36

When may a woman have an abortion?

37

Consent to an abortion

38

Who may perform an abortion?

39

DEATH

40

Dying without a will

41

Dying with a will

42

Winding up a dead person’s estate

43

PROBLEMS

44

Problem 1: Getting a divorce

45

Problem 2. Entering into a civil union

46

Problem 3. Adopting a child

47

Problem 4. Getting maintenance through the Maintenance Court

48

Problem 5: Maintenance is not paid

49

Problem 6: Making a will

50

MODEL LETTER

51

Model letter: Request for social worker’s report to assist with application for legal aid

52

CHECKLISTS

53

Checklist: Marriage

54

Checklist: Divorce

55

Checklist: Maintenance

56

Checklist: Child abuse and neglect